October 30, 2008 By Wallin & Klarich

What can i do if i do not like the judge or commissioner that is assigned to my case?

Do you have a case where you do not like the commissioner or judge and want your case to be heard in front of a different judicial officer? It is common when a judicial officer does not rule in your favor or you feel that they are biased towards the opposing party, you want your case to be heard by someone else. An experienced California criminal defense attorney can tell you that, unfortunately, there are strict rules on who can hear your case.

There are only a couple of circumstances where you can request a change of your assigned judicial officer. When the initial paperwork in your case is filed you are randomly assigned to a department that will handle your case.

At your first court appearance you can request a change of the judicial officer. If you are assigned to a commissioner before you appear you have to sign a stipulation that you agree to be heard in front of that commissioner. If you do not want that particular commissioner to hear your case you can inform the court that you do not want to stipulate to the commissioner and they will assign you to another department. It is beneficial to hire a knowledgeable San Diego criminal defense lawyer before your first appearance because all WALLIN & KLARICH attorneys are familiar with the judicial officers in their county and based on your case can evaluate whether you should stipulate to be heard in front of that commissioner or request a change. The risk that you take with requesting a different judicial officer is that you may be assigned to a judicial officer who will not be better for your case than whom you were originally assigned to. Your WALLIN & KLARICH attorney can evaluate the chances and reasons for requesting a change and make a decision that will be beneficial for your case. For example, some judicial officers might not be as sympathetic to recovering alcoholics or drug addicts and be biased against you from the beginning, not giving you the chance to prove to the court that you are sober and can properly care for your children. Judicial officers are not supposed to be biased, but they each have their own life experiences that can affect their viewpoint and rulings.

After your first appearance if you are not happy with the judicial officer that heard your case you have a very short time frame to request a change of judicial officer. It is important to consult with a WALLIN & KLARICH Orange County criminal defense attorney right away to make sure you request reassignment within the time restrictions.

If you do not request a change of judicial officer in the above stages you are stuck with that judicial officer for the remainder of your case.

If you did not request a change of judicial officer at the beginning of your case your WALLIN & KLARICH attorney can present your case and advise you the best way to proceed based on the specific judicial officer. All judicial officers are different and WALLIN & KLARICH attorneys are very familiar with them and know how those judicial officers rule on certain issues and can guide you to be looked at in the most favorable light. Presentation in a manner that the judicial officer prefers benefits you and can make a difference in how the judicial officer rules on your case.

Therefore, it is important to contact a skilled Los Angeles criminal defense lawyer from WALLIN & KLARICH before your hearing so we can advise you on the judicial officer you are assigned to and whether it is beneficial to request reassignment. If you have already appeared and it is past the short time frame to request a change, it is important to contact a WALLIN & KLARICH attorney so we can advise you how to proceed with your case in front of that particular judicial officer. WALLIN & KLARICH has over 30 years of experience in family law so call us today at 888-749-0034 to make an appointment. Also, visit us at www.wklaw.com.

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