Ifthe judge and district attorney each defended me on different past occasions, does this constitute a conflict of interest?

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Ifthe judge and district attorney each defended me on different past occasions, does this constitute a conflict of interest?

THE JUDGE AND AND PROSECUTOR BOTH DEFENDED ME AT ONE TIME OR ANOTHER. I THINK THAT I WON’T GET A FAIR TRIAL. WHAT CAN I DO?

Asked on October 4, 2010 under Criminal Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can make a motion to have them recuse themselves, citing that you believe that they can not be fair and impartial in the matter.  The motion is best made with the help of your attorney in the matter, who can site to case law if he or she believes that it is necessary in the matter.  If you believe that they "know too much" about you and that it will work against you then I do think that you are right to request that the matter be transferred to a different Judge and a different attorney.  It can go so far as to ask for it to be transferred to a different county but that may not be necessary under the circumstances.  Good luck.


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