Miami, FL asked in Criminal Law and Constitutional Law for Florida

Q: Can a judge work on my case if he already knows who I am thru my finance other case?

Recently I was arrested with my fiancé. My fiancé had an open case with a judge. Now the same judge is in the same case I just caught recently with my fiancé.

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Yes. If the judge were to make statements indicating bias against you, or if he has a conflict of interest, you could move to disqualify him, but being assigned to another case with your fiance as defendant is not, in itself, a ground for disqualification. Regardless of your situation, you should have a lawyer representing you.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: If a judge is already familiar with one party in a case due to previous legal matters, it's understandable to have concerns about fairness and impartiality. The legal system has mechanisms in place to address such situations, primarily through the concept of recusal. Recusal means that a judge voluntarily steps aside from a case if there's a potential conflict of interest or if their impartiality might reasonably be questioned.

Your concerns are valid, and there's a process for addressing them. If you believe that the judge's familiarity with your fiancé could affect the fairness of your trial, you can raise this issue with your legal representative. They can assess the situation and, if appropriate, request the judge's recusal to ensure that the proceedings are impartial.

It's important to communicate openly with your lawyer about any worries you have regarding the judge's ability to remain neutral due to their prior involvement with your fiancé. Your lawyer will guide you through the legal procedures necessary to address these concerns, aiming to protect your right to a fair trial. Remember, the justice system is designed to operate with integrity, and there are safeguards to help maintain its impartiality.

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