If my husband andI have2 different chargesbut the courtassigned us the same judge, can they do that?

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If my husband andI have2 different chargesbut the courtassigned us the same judge, can they do that?

My husband is being charged with 2 counts of a Class Bfelony dealing cocaine; I’m being charged with a Class Dfelony maintaining a common nuisance. They gave us the same judge. I’m not sure but I think that’s a conflict of interest because the judge will use his case against me and mine against his.

Asked on January 11, 2012 under Criminal Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is nothing per se improper of having the same judge assigned to your and your husband's criminal matter, however I clearly see your concern about possible prejudice as to you and your husband by the same person hearing two different matters involving you and your husband.

Hopefully you and your husband have a criminal defense attorney representing both of you. If you do, I would consult with your attorney about filing a motion to have the judge you are writing about recused from both your and your husband's criminal matters and have two separate judges assigned to your cases.


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