Legal Question in Criminal Law in Virginia
having prosecuting attorney/judge removed from case
both the prosecuting attorney and the judge on my case have acted as my defense attorney in previous cases. can i have one or both removed from this czse because they have personal, prior knowledge of me? also, its possible that the judge may have discussed my case with a friend we have in common.
1 Answer from Attorneys
Re: having prosecuting attorney/judge removed from case
You give no clue as to what your current case is about nor what the previous cases involved. However, Virginia appellate courts have ruled that merely because a judge or prosecutor may have had prior exposure to a defendant in a previous criminal matter while acting in a different capacity (such as defense counsel), and, consequently, had opportunity to acquire personal knowledge regarding the individual's background and record, that that is not a sufficient reason to require recusal(removal) of the judge or prosecutor in the case at issue.
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