Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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A defendant in a criminal case does not choose which district attorney will be assigned. Nor does the defendant have the power to request a different prosecutor. But in most states, the defense can seek to recuse a district attorney (or a prosecuting agency) if there is a bias or conflict of interest.
In California, under Penal Code 1424a1 PC, a criminal defendant can request a different prosecutor when there is a conflict of interest that may result in the defendant not receiving a fair trial. The request is referred to as a “motion to recuse a prosecutor.” If a judge grants the motion, a substitute district attorney is assigned to the case.
Defendants can also try to remove a judge from a criminal case (or even a civil case) per California Code of Civil Procedure 170.1. This statute says that a judge can be disqualified from a case under certain circumstances, like when:
Jurors are also subject to disqualification. Prior to a criminal trial, a defense attorney can try to remove a potential juror with either a:
Defendants can try to remove a prosecutor, judge, or juror in either misdemeanor or felony cases.
A motion to recuse a prosecutor is a legal request made by defendants in criminal cases whereby they ask the judge to appoint a new district attorney (DA) to the case.1
Under California’s criminal law, a judge will grant the motion if the following are true:
Examples of instances in which a judge granted a motion include when:
If a judge grants a motion to recuse, then he/she can remove a district attorney from the case or even an entire district attorney’s office from a case.
If a DA is recused, then another deputy or assistant district attorney is appointed.5
If a DA’s office is recused, then a special prosecutor is appointed to the case.6
Yes. California Code of Civil Procedure 170.1 CCP states that a party to a civil or criminal case can try to remove a judge “for cause.”
Under CCP 1701.1, the “for cause” reasons as to when a judge can be disqualified are when any one or more of the following are true:
A judge can also remove him- herself from a case, “for cause,” if for any reason:
A party can seek to disqualify a judge by bringing a motion to recuse. If granted, a new judge is assigned to the case.
Yes. During jury selection, a defense attorney or public defender can try not remove a potential juror either “for cause” or via a “peremptory challenge.”
“For cause” means that a juror has expressed a bias and is not suitable to decide the case. For example, the juror may have stated that, based on religious reasons, he/she cannot pass judgment on the defendant. Lawyers are given an unlimited amount of for cause challenges.
If an attorney exercises a “peremptory challenge”, the attorney does not need to state a specific reason as to why he/she dismisses a juror. Each attorney is allowed between six and twenty peremptory challenges in a case, depending on the alleged offenses.9
Note, though, that an attorney cannot remove a juror via a peremptory challenge for reasons related to that juror’s race, religion, gender, or ethnicity.10
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.