Q: When is a district VA judge able to be removed from a case? Judge asked for restitution for a crime never charged with?
I'm just a witness for my friend being charged with B&E W malicious intent and communicating threats.. found NG on threat charges and guilty on the B&E W intent... The judge then asked about the keying of the plaintiffs vehicle (who's not represented) which my friend who hasn't been charged W or convicted of... but then asked for the estimate of the plaintiffs vehicle which was approximately 5,000. Then the judge told my friend and her attorney that he would suspend the jail time and probation if she would pay restitution for the damages to the vehicle in question... Is this even legal? And how do she get another judge? her attorney maintains that this case will be heard in front of this judge again and if doesn't get better results will go to circuit/ superior court... why not get it in front of another judge now???In NC this case would be put in front of a different judge immediately? Just need some clarification? Thanks in advance, Ms. AAW
A: It would be very difficult to get a new judge, maybe impossible. Your attorney is correct to say that you can just appeal it and get a different judge in circuit court.
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