Get a Different Judge for Your Criminal Case in Bakersfield, California

Need a New Judge? Here's How to Disqualify a Judge in Bakersfield

If you're facing a criminal case in Bakersfield and feel you need a different judge, you have options to disqualify the current judge. Acting quickly and correctly is key to success.

How to File a Motion to Disqualify a Judge Under CPC 170.6

California Penal Code Section 170.6 allows for the disqualification of a judge. Here's what you need to know:

• Quick and Easy Process: You can file a motion to disqualify the judge under CPC 170.6. This can be done in writing or orally in open court.
• Automatic Disqualification: If done correctly, the disqualification can be immediate. The judge must step down if there's a timely motion along with a sworn statement that you or your attorney believes the judge is biased.
• Peremptory Challenge: This challenge doesn't require evidence of actual bias. Your good faith belief in the judge's bias is enough.

Steps to Disqualify a Judge in Bakersfield

1. File a Motion Early: Make sure to file the motion at your initial hearing. It must be the first opportunity you have after the judge is assigned.
2. Prepare Your Statement: Include a statement under penalty of perjury, or an oral statement under oath, asserting your belief in the judge's bias.
3. Be Ready: Have your motion prepared before going to court. This ensures you can act immediately if you decide to disqualify the judge during your hearing.

Why Timeliness is Crucial

• One-Time Use: You can only use this peremptory challenge once per case. If you allow the judge to hold hearings in your case before filing, you lose this option.

Disqualifying a judge can significantly impact your case. Ensure your motion is ready and filed promptly to secure a fair and impartial hearing. For expert assistance, contact our law firm in Bakersfield, California.

For legal support in Bakersfield, reach out to our office at 2020 Eye Street, Bakersfield, CA 93301, or call us at (661) 336-9335. We specialize in defending clients and ensuring their rights are protected.