Abuse of Discretion Cont

Asked 5 months ago - Cresson, PA

I asked the judge at my sentencing hearing if he thought I was guilty, to which he responded "yes." He has a long history with the alleged victim and his family. He ordered a PFA, oversaw dependency hearings threatened me on the record with "nasty, nasty things." He obviously has ill will towards me and violated my constitutional rights. I believe judges are only immune when they make good faith rulings. Any advice?

Attorney answers (3)

  1. Thomas J. Wagner

    Contributor Level 19

    3

    Lawyers agree

    Answered . You can't be sentence for a crime unless you have been found guilty or pled guilty (or non contendere), so if you wer at a sentencing hearing, legally you were guilty. A motion to recuse is determined byt the judge you are asking to be recused in most circumstances. Did you make a motion to recuse? I'm not sure in what way you think he violated your constitutional rights.

  2. John M. Kaman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . What constitutional violation do you accuse him of? A "history" with the alleged does not automatically disqualify him.

  3. Valerie Semmes Bouffiou

    Contributor Level 17

    2

    Lawyers agree

    Answered . The attorney who assisted you in withdrawing your plea or the appeal would be in a better position to refer you to an attorney if he thought you had a case, but it doesn't sound like you do. Again, judges have immunity from these kinds of lawsuits.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
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