By: Wallin & Klarich

There are many reasons why you should hire a lawyer that is familiar with the court and judges where your case is pending. One of the most important reasons for hiring a lawyer experienced with the judge assigned to your case is that if you and your lawyer act quickly, you can have a judge disqualified from your case without having to show any reason.

What this means is that if your lawyer knows that the judge assigned to your case is very tough on defendants accused of the crime you are facing, he can file what is called an “affidavit of prejudice” under Code of Civil Procedure 170.6 and the judge will have to disqualify himself. The judge has no choice. Your lawyer does not have to show specific prejudice. This means our lawyer doesn’t have to explain why he feels the judge is prejudiced against you or the lawyer.

Unfortunately, if you do not hire the right law firm from the outset, you may be too late to exercise this challenge to the judge. If the judge assigned to your case has already handled the case and has made a “ruling on the merits” of the case in any way, then it is too late to file a CCP 170.
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6 motion to disqualify the judge.

When Wallin and Klarich tells you that it is important to hire a law firm that knows your local court, we mean it.
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Hiring the right law firm can mean that your case will be heard before the best judge possible. This is a critical right that can be waived if you do not know a lot about the judge assigned to your case.

Feel free to contact Wallin and Klarich 24/7 if you would like to discuss your case with us or go to www.wklaw.com for an online evaluation of your case.

Posted In: Law & Information