Right to a Fair and Impartial Judge

Can You Request A New Judge?

It is stated in the law that both the State and the Defense have the right to a fair judge. This means that a fair and impartial judge must be made available to any parties under criminal litigation. A change of judge can then be requested with or without cause as needed.  

With Cause

Whenever requesting a change of judge with cause, it must be stated in clear, full details as to why such request has been made as to ensure that it is still in line with the integrity and fair functions of the judicial system. This is a change of judge as a matter of right. This motion must be filed within ten days of the discovery that grounds exist for changing the judge. The requesting party must assure that such a request is only done in good faith. If the assigned judge does not agree that cause exists, the presiding judge provides a hearing on the matter before another judge to determine by the preponderance of the evidence whether a change of judge is required. If this judge rules that the change is required, the presiding judge will reassign the matter to another judge.  

Without Cause

The State and the Defense may request a change of judge without cause. This is called a peremptory notice. In non-death penalty cases, this motion must be filed within ten days after the arraignment or within ten days of the assignment of the judge. Although the change of judge is "without cause", the request must be made in good faith and cannot be made of any of the following reasons:

• Attempts to delay the proceedings
• Obtainment of severance
• To interfere with the reasonable case management practices of a judge;
• To remove a judge for reasons of race, gender, or religious affiliation
• for the purpose of using the rule against a particular judge in a blanket fashion by a defense group or law firm
• To obtain a more convenient geographical convenience
• To obtain advantage or avoid disadvantage in connection with a plea bargain or at sentencing, except those allowed by Rules of Criminal Procedure.

  Furthermore, the right to a change of judge without cause is limited and controlled by also allowing both the State and the defense one, and only one, peremptory or final change of judge per case. A further exception of additional judge replacement might however apply if one side is made up of two or more parties under hostile or adverse interests. Once the request for a new judge is made, the case is transferred immediately to the presiding judge. The presiding judge reassigns the case to another judge. Learn more about our criminal practice areas below:

• Assault - www.azcrimlaw.com/criminal-legal-defense/assault/
• Drug Crimes - www.azcrimlaw.com/criminal-legal-defense/drug-crimes/
• Probation Violations - www.azcrimlaw.com/criminal-legal-defense/probation-violations/
• Warrants - www.azcrimlaw.com/criminal-legal-defense/warrants/
• Weapons Charges - www.azcrimlaw.com/criminal-legal-defense/weapons-charges/

 

The following blog post Right to a Fair and Impartial Judge was originally published on Top Rated

5 Tips for Legal Adoption To Help With The Paperwork

You and your spouse have been dreaming to have a child for so long and have finally decided to adopt one. Your excitement over the prospect is extremely high but after a quick consultation with a lawyer, you find out it is not as easy as you think. The process can be time-consuming and will require a trail of paperwork that you need to accomplish and prepare. Depending on whether you plan to do a domestic adoption, the forms you need to prepare and fill out seems endless:

• Forms to file a petition in court
• Forms for home study
• Application forms for an agency if you plan to use an agency
• Medical records, financial and employment records
• Your personal history and family background

The list goes on and on and without careful planning, you will find yourself under severe stress even before the process begins. The adoption process can be quite tricky but following these five easy tips, you will be relatively worry-free and can avoid what otherwise can be a taxing route.

1. List down all the paperwork you will need to fill out and accomplish. Include a deadline for each form; this way, you can finish each methodically.
2. Set aside time to review and fill out all the paperwork. Once you have listed down what you need to do, set aside a time to do them. This will ensure that you stick to your deadline to accomplish the forms.
3. Organize and file your paperwork. Use a file organizer and label them properly to keep all your forms in once place. You will find it easier to locate them when you need them at a moment’s notice. You will also be able to keep track which forms you have accomplished and which ones you still need to finish.
4. Do not give up. No matter how organized you are, there will be times when you would be fed up with the endless paperwork that you simply just want to give up. Don’t. Encourage yourself by reading stories about successful adoption stories or join webinars about the adoption process. Listen to stories of what other adoptive parents went through and how they succeeded. Go back to the reason you are going to through all this tiresome process, which is to be a parent.
5. Stay focused. Concentrate on what you need to do next and how to do them. Be resolute on what you want to happen and how to make it happen so that you can keep the unexpected from happening. This will make the next steps less daunting and tiresome.

Just keep these five easy tips in mind and you will be amazed at how much you have accomplished in no time.   These are some tips if you are doing a domestic adoption, but if you are looking for an attorney that focuses in family or relative adoptions, get in touch with Robert A. Dodell, Attorney At Law. I can inform you of all the necessary paperwork and details that you are going to need for this type of an adoption. I have successfully navigated many clients through the family member adoptions process. I can help you through this process as well. Check out these 5 adoption tips by visiting https://goo.gl/el6RQG

5 Tips for Legal Adoption To Help With The Paperwork Read more on: www.azcrimlaw.com – RobertDodell

Criminal Record Expungement in Arizona

Expungement can be technically defined in legal terms as a request or petition to a court or law enforcement agency for the erasure, cancellation, sealing, modification or destruction of a criminal record. People may apply for expungement of certain criminal records when it starts to affect their image or reputation, such as when applying for work. However, under the Arizona law, this process cannot technically be utilized for an Arizona criminal record. An individual’s crime history remains untouched in the books until they reach 99 years of age.   Arizona does not have an expungement law. The substitute process for expungement for Arizona cases is having the case “set aside. ”However, a“set aside” does not make your record free of previous crimes committed. Setting aside a felony or misdemeanor conviction in Arizona, however, means that your criminal records will still be viewable by anyone who plans to review it (e.g. a potential employer) but it will also be recorded that your case has been set aside or that all the conditions of your probation and sentence have been satisfied and cleared. A set aside confirms that a court has handled your case and has resolved to dismiss the charges against you. A set aside has its own limits and is not applicable when the crime committed:

• consists of some driving offenses
• involved a finding of sexual motivation,
• involves a victim below 15 years of age,
• involves serious physical injury on the victim,
• involves any dangerous instrument or deadly weapon, or
• requires the defendant to be registered as a sex offender

Juvenile record clearing options are also available for cases in Arizona. Juvenile record sealing may apply if you are at least 18 years of age, without adult conviction or pending charges, and have completed all the terms and conditions of the sentence. This kind of sealing does destroy the records though it does not relieve you from its accompanying penalties. Criminal reports can be set aside and juvenile records can be destroyed. It is best to hire a criminal Defense attorney in order to assist you in this process. Learn more about Robert A. Dodell criminal legal defense services. My office is located in Scottsdale by the TPC Golf Course in Scottsdale Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321

The post Criminal Record Expungement in Arizona is available on AZCrimLaw