Legal Question in Criminal Law in California
The Judge on my case said... ''She's GUILYT as sin!!''...BEFORE trial!!!
At my preliminary hearing for a ''Knowlingly having received stolen property''~charge, my public defender had returned from the Judge's chambers informing me that we were going to trial and that there would be no need to call on my witnesses because when in chambers the Judge state that...
''We'll hold it over for Trial...Because this guy is GUILTY as sin!!'' Now...I hadn't even been seen in front of him for my preliminary hearing!!! I hadn't been able to plead my case yet!! I thought we were INNOCENT until proven GUILTY?? Okay...I thought maybe my public defender was telling me an un~truth!! BUT still!! Don't I have any rights at beingg able to at least BELIEVE prior to my Trial date that I am being judge by unbiased peers?!?! Isn't a statement such as that one, sort of on the lines of PRE~DETERMINED DECISION/OPINION ???? What...(IF ANYTHING!!)
can I do about this situation of mine!!!!
Thank You...
I will be anxiously awaiting your response!!!
P.S.: Can you refer me to an attorney whom I may possible hire for this case of mine out here in east county region of San Diego???
2 Answers from Attorneys
Re: The Judge on my case said... ''She's GUILYT as sin!!''...BEFORE trial!!!
Make no mistake. The system is designed to convict you.
You need someone who is willing to listen to you and everything that you have to say about your case. And then, despite any bad facts, find a way, any way to prove your innocence. Further, we need to move this case to a judge who is not a former prosecutor, which many of them are.
I understand how frustrated you must be. However, do not give up. There is a way.
I have handled many cases in East County San Diego out in El Cajon. One of my close friends is a D.A. out there. Call me if you have some questions that I can answer for you. Me and my staff are available to help.
Joseph Low
Preliminary Hearing
You have cause to ask that the hearing be made before another judge. Your attorney need only make a motion and the case should be reassigned. You must understand that in the criminal justice system 85% of the judges on the bench are former district attorneys.
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