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Should the judge and DA dismiss themselves from the trial if they know the family?

Also, a taped interrogation was used as evidence and he was never given his Miranda warning. Is this correct?

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    John J. Carney | The Law Offices of John J. Carney Esq.
    401 East 34th Street
    New York, NY 10016
    (917) 696-2363
    If a judge or prosecutor is friends or have represented one of the parties they can be asked to "recuse" themselves. If the defendant confessed or even made a taped statement he almost certainly would have been Mirandized on the tape itself or his lawyer can run a Huntley Hearing to have it suppressed. If you confess to a crime you are asking to go to jail, but amazingly most principled to agree to talk to the police and it invariably ends up giving them evidence to convict them at trial.
    Answer Applies to: New York - Replied: 2/23/2013
    Sally Hamblin | Hamblin Law Office
    4015 W. Houghton Lake Drive
    Houghton Lake, MI 48629
    (228) 224-7120
    If knowing the family results in conflict of interest, bias, prejudice then yes. If person considered under custody and was questioned, Miranda must be read.
    Answer Applies to: Michigan - Replied: 2/2/2013
    Michael Breczinski | Michael Breczinski
    5005 Lapeer Rd
    Burton, MI 48509
    (810) 743-2960
    Which family do they know the victim's or the defendant's? I need more facts to answer this question. If the person was not under arrest then they do not need to give Miranda.
    Answer Applies to: Michigan - Replied: 1/31/2013
    William L. Welch, III | William L. Welch, III Attorney
    111 South Calvert Street
    Baltimore, MD 21045
    (410) 385-5630
    While they should recuse themselves, they might not believe that they must. Perhaps a motion to recuse is in order.
    Answer Applies to: Maryland - Replied: 1/30/2013
    Seth L. Reszko | Reza Athari & Associates, PLLC
    6235 S. Pecos Road, Suite 108
    Las Vegas, NV 89120
    (702) 727-7777
    I think the issue of the Judge and DA knowing your Family must be raised at the next hearing. You should advise your attorney of this. If you have not appeared at Court yet, at your first hearing, the Judge will decide if you can afford your own attorney or whether one must be appointed for you. When you have the attorney you can discuss the issue of the conflict as well as the possible suppression of the tape recordings.
    Answer Applies to: Nevada - Replied: 1/30/2013
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