Cleveland, OH asked in Criminal Law and Constitutional Law for Ohio

Q: Can I get a judge disqualified from a bulglary case if he was my judge in past and threatened me to take plea bargain

He was my judge in past and threatened me he would need a calculator to add up my sentence if I went to jury trial and lost

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you feel that a judge's prior conduct or statements demonstrate a possible bias or lack of impartiality in your current case, you have the option to file a motion for recusal. The motion should detail the specific incidents or comments that you believe indicate bias. It's important to provide evidence and not just allegations. The decision on whether a judge should be disqualified typically rests with the judge himself unless there's a clear statutory or ethical violation, in which case an appellate court might have to review the decision. It would be prudent for you to discuss this matter with your attorney, who can evaluate the circumstances and advise on the strength of a recusal motion in your situation.

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