My friend had a court hearing a few days ago and the judge set the next court date and my friend mumbled "whatever, this is a joke to me" as everyone was getting up to leave. Judge said "I'll remember that." didnt call contempt or anything.......
what does this mean? is there a way to get a new judge since that statement shows a vendetta against my friend or am i wrong? I spent the last hour reading the sentencing stuff on the statute site and it seems like he does not "score" to prison so if the judge remains will she sentence him to the full year of county jail(felony marijuana poss - no priors) or do you think she will forget and give probation since the next date is like a month from now?
I just don't want a stupid remark (that she was not supposed to hear) to ruin my friend man.
General Practice Lawyer
Congratulations, your "friend" just upset a judge who notated the file. You were lucky the judge didn't throw your "friend" in jail for contempt. You don't have any cause to remove the judge and next time your "friend" goes to Court they should learn to respect the person who is most likely going to give them the maximum and give your "friend" time to think about the stupid remark.
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Criminal Defense Attorney
The Judge could have held your friend in direct criminal contempt for his behavior in open court in front of the Judge, but chose not to. It is possible that the Judge was censuring him in open court instead of holding him in contempt.
If your friend believes that he may not receive a fair trial or sentencing because of potential bias of the Judge and wishes to have a different Judge, then he should consult with his attorney about potentially filing a written Motion to Disqualify the Judge pursuant to Rule 2.330 Florida Rules of Judicial Administration.
Geoffrey R. Mason
Criminal Defense Attorney
The other attorneys comments are correct. He is lucky that he wasn't held in contempt. It MIGHT be possible to get another judge, but that isn't always a good thing either. He may end up with a worse judge. At this point, your friend would be wise to get an attorney. The attorney can act as a buffer between his stupid remarks and a good deal for your friend. Furthermore, if your friend feels this is a joke, then maybe there are some issues that would allow him to fight this. Feel free to contact me at my website below if you have any questions.