What constitutes a conflict of interest for a presiding judge?

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What constitutes a conflict of interest for a presiding judge?

I was prosecuted by a drug narcotics team with their own paid prosecutor 7 years ago. Now she is the judge in the county and I was arrested for a small posession of marijuana. Is this a conflict of interest? Also, are there any limits on habitual offender statuses? I had a couple prior possessions 15 and 16 years ago.

Asked on January 19, 2015 under Criminal Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, this is not a conflict of interest. She will base her judgment on the facts of the case. If your lawyer is concerned, he or she can request reassignment.  Habitual offenses are items that can be taken into consideration for truly things like impeaching your testimony and of course, enhancing your sentencing.  You really need to talk to your criminal defense attorney about all of these issues and whether you should motion for recusal by the judge.


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