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.


Asked on 9/10/09, 1:21 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

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.)

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Answered on 9/10/09, 1:39 pm
Terry A. Nelson Nelson & Lawless

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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Answered on 9/11/09, 12:51 pm


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