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what can i do in a criminal case if a biased Judge has denied my motions for a new judge & venue?

i had not used up my right for a new judge before my motion was heard. he has said in court that he didnt care if the cops lied on the stand (in so many words) he also did not feel that my Miranda rights were violated when the police forced my password out of me to get into my cellphone after I had envoked my right to council during questioning. they also obtained nude ppictures of me without permission and against my will.

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  • 1 decade ago
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    Why would you think that you have a right to a new judge? You do not have a right to change judges simply because you want one. And you have described nothing that would demonstrate the judge is biased against you. (He isn't related to you or the victim. He didn't represent you, the victim, or any of the witnesses when he was a private attorney.)

    His lack of sympathy over your belief the officers lied on the stand doesn't demonstrate bias.

    You have the right to remain silent. If you lacked the CAPACITY to remain silent, this does not implicate Miranda. You claim that they "forced" your password out of you - this seems far fetched. Your cell phone password is not an incriminating statement and your cell phone password was not used against you as evidence, so I do not see how a violation of your 5th Amendment rights could have occurred. Had you made a statement after you "invoked" your right to "counsel" that the prosecutor attempted to use against you during trial, then you could have properly asserted the violation - and the remedy for the judge would have been to exclude your statement.

    I have absolutely no idea what to make of your claims about the nude pictures. The police don't actually have to have a defendant's permission to obtain evidence against them. If you didn't want anyone to have nude pictures of you, then you shouldn't have let anyone take nude pictures of you.

    You really should not be representing yourself. You obviously don't have enough of an understanding of the law to have any hope of success.

  • 1 decade ago

    Ok, so how is the judge biased? You have not established that the judge is biased. You established that he made rulings that you do not agree with. That is not bias. Therefore, you never had a basis to get a new judge assigned.

    In any event, your password would not be protected because the underlying data is not protected. Miranda does not apply. Likewise, without your permission and against your will is not a sufficient legal argument. The vast majority of search and seizure occurs without permission and against the will, but remains legal.

  • Anonymous
    1 decade ago

    Talk to your attorney or your court appointed psychiatrist. Whichever is more appropriate here...I'm tending toward the latter.

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