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Can judicial misconduct ruin your case?

| Nov 23, 2020 | Criminal Defense |

Participating in a court trial following your criminal charges is stressful enough. Feeling as though court officials have acted negligently or have discriminated against you can deepen your worry for the future.

Under the United States Constitution, you have the right to a fair trial. Bias from the judge or any other court official can not only destroy your case but leave you dealing with long-term consequences.

Recognizing misconduct

Before you claim misconduct from a judge, you should carefully assess the circumstances of your case. At the earliest sign of unprofessional behavior, begin documenting what happens. Organize your information and back your claims with evidence that suggests that misconduct ultimately put you at a disadvantage. According to the Office of State Commission on Judicial Conduct in the state of Texas, some other signs of judicial misconduct include the following:

  • Incomplete, improper or unprofessional communication with you
  • Taking your case because of a financial advantage
  • Bias, discrimination and other demeaning behavior
  • Misconduct occurring outside of court including DUI or racist commentary

Requesting a new trial

Just as you should act professionally and respectfully in court, so should the judge officiating your case. Watching for signs of misconduct can protect you against harmful or extreme outcomes resulting from negligence. If your court experience lacked fairness, you can request a new trial. In conjunction with your request, include a thorough statement highlighting the reasons you feel that the judge’s misconduct negatively impacted your case and your subsequent sentencing.

Because judicial misconduct is a serious offense, do your due diligence to verify that your suspicions have validity before making a claim.