Legal Question in Criminal Law in Virginia

drug charges and the court system

sister was arrested on drug charges.judge used to be commonwealth att. she denyed her bond and will be judge trying this case can and how would we go about filing for new judge because this judge as commenwealth had her convicted before and she is also predjudice against the family


Asked on 3/08/07, 11:51 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: drug charges and the court system

The mere fact that the judge may have been the prosecutor in your sister's

previous case who succeeded in convicting her will not be sufficient to require her recusal(removal)from your sister's current case.

In order to make out a credible case for recusal in this case you will have to show something akin to overt bias or prejudice which this particular judge has manifested towards your sister either in her current or previous cases which would warrant her banishment(recusal)from the current matter currently assigned to her calendar.

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Answered on 3/08/07, 12:27 pm


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