Law Offices of Gabriel H. Avina

Los Angeles Personal Injury and Criminal Defense Lawyers


Wednesday, November 9, 2011

The Importance of C.C.P. Section 170.6

Civil Code Section 170.6 deals with peremptory challenges against a judge. Why does this matter? Well, it doesn't. Unless, of course, you're facing a judge who refuses to allow your client release on his or her own recognizance. This is exactly what happened to me this morning. The judge had a policy to deny all O.R. (own recognizance) releases. Since I was appearing without my client, I would have had to continue the matter and my client would have had to pay the entire bail before he could get a trial date. Since the bail was for around $1,000.00, would would have posed a hardship. Thus, I filed the C.C.P. 170.6 challenge, and my matter was transferred to a more reasonable judge. So the point here is don't forget your right to challenge the judge if he is mean.

*For more information see our Criminal Defense page.

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