Legal Question in Criminal Law in California
why are the judge in my case and the prosecutors gone(judge has been moved to antoher division and a new prosecutor in place of the two that were there)?
Is this usual and why did the new judge tell me I had two choices- go to trial in 4 days or wait for the new prosecutor to get back from vacation, in early october for a pretrial.
this is for a case where I rejected informal diversion(because I'm innocent and my reputation is at stake) and it is now going to be a year since the arraigment.
2 Answers from Attorneys
Courts have predetermined dates on their calendars when they hold trials. When the court continues a matter, it will take the schedules of both parties into account.
If you were not prepared for trial, then you needed a continuance and the judge agreed to work around the District Attorney's schedule. If you were prepared to go, then the judge gave you a reasonable choice: start the trial on a previously-set date, or accommodate the prosecutor's schedule.
You could also withdraw your time waiver and demand the trial within thirty days.
I have no idea why the prosecutors moved. They may have taken other jobs, or the District Attorney may have given them a different assignment. This is not at all unusual.
Why did you reject informal diversion? The case would have been dismissed without a conviction if you stayed out of trouble. Even if you are found not guilty at trial, that only means the prosecution did not prove its case beyond a reasonable doubt. (There is a separate procedure for a finding that you were factually innocent, but the trial won't automatically do that.)
Why is irrelevant. It happens, and has nothing to do with your case except scheduling. Your question implies you have no counsel, otherwise you'd ask him. If you reject a deal, that means you are going to trial. Unless you are capable of effectively representing yourself against a professional prosecutor trying to put you in jail, hire an attorney who can. If serious about doing so, feel free to contact me.
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