Legal Question in Criminal Law in New Jersey

Can judge make lawyer start trial

Can a judge force a lawyer and defendent to start a trial if they are not prepared. Also can a Judge force defendent to get another lawyer because his current lawyer is on another trial? thank you


Asked on 9/22/06, 1:34 pm

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Can judge make lawyer start trial

Well there are a lot of details in that question that are missing. If the lawyer has caused the delay and the case is getting old, then yes, the court can force the lawyer to go to trial. However, a defendant is entitled to a lawyer of his own choosing and I cannot think of a case where a judge would force a lawyer out of a case because that lawyer is on trial. That is just absurd and it would never fly. I would go to the presiding judge and/or assignment judge and notify them of the situation. Otherwise file a motion to stay the trial, get it denied and then appeal it.

I don't know what your lawyer did, but he should be fighting like crazy. If you need an attorney that will fight for you, call me at 732/247/3340 and we can talk about your case. My consultations are always free.

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Answered on 9/22/06, 1:59 pm
Gary Moore Gary Moore Attorney At Law

Re: Can judge make lawyer start trial

It seems very strange that your attorney allowed himself to be force out of the case without seeking relief from the assignment judge or the Appellate Division. You have a right to an attorney of your own choosing and his being on trial is not an appropriate basis for forcing him to give up your case. Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/22/06, 5:31 pm


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