There are several possibly valid reasons why a judge might grant a Motion for Change of Venue. For example: Excessive pre-trial publicity. If details about your case have been widely publicized by the media, your attorney may effectively argue that it would be difficult to find unbiased jurors within your local area to afford you a fair trial.
(In most states, the prosecution can't request a change of venue.) Some state constitutions address the right to a change of venue, but in most states, the issue is left to statutes or court rules. These laws and rules explain how to request a change of venue, and may impose deadlines to file the requisite motion.
In regard to judges, perhaps a party knows of some association between the judge and the opposing party, which they believe will prove detrimental to their case. Perhaps a party’s attorney has been before a particular judge, and based on their past experiences, believes that another judge would better suit their client’s interests.
Instead, it's a privilege that's capable of being waived. The effect is that, in most states, if a defendant doesn't move for a change of venue before the designated stage, he's lost the right to challenge venue and can't raise the issue on appeal. Courts are reluctant to change venue, and defendants can usually get only one venue change.
The Rules of Criminal Procedure shall govern proceedings to enforce a statute defining an infraction. The right to a change of judge is separate from the right to a change of venue. The bar for changing a judge in a trial is lower than that for changing venue.
Grounds for Change. To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial. That reasonable likelihood is usually due to pretrial publicity, but it could have to do with some other event making it almost impossible to find an impartial jury.
Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.
When an attorney requests a change of venue they are asking: to move the trial from one state to another due to the potential unfairness of a trial in the first state. A change of venue is a request to move a trial to a different physical location in order to effect fairness and justice.
In these cases, the trial judge is given great deference in most jurisdictions by appellate courts in making the decision as to whether there is a more appropriate venue. A change of venue may be reflected in the formal language used in a trial.
venue, in law, locality in which a criminal offense or civil litigation is to be conducted. The concept of venue involves important issues of public policy in the adjudication of crimes. Local and general statutes specify the court in which a criminal offense or civil claim must be tried.
When one party wants to change venue, she must file a motion for change of venue. Most jurisdictions have strict requirements for the motion, which can be found in that jurisdiction's rules of procedure.
When a court orders a change of veniremen, this means: jurors who will hear the case will be selected from a community distant from the community in which the defendant will be tried.
There are three burdens of proof that exist for most cases: proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
The defendant making restitution to the victim of their crime. The defendant acting out of necessity. The defendant having a difficult personal history. The defendant struggling with a drug or alcohol addiction.
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Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or ...
Judges usually decide motions to change venue because of bad publicity after voir dire. Judges are typically afforded significant leeway in deciding whether to change venue. That leeway may make it tough for the defense to convince an appeals court to overturn the decision. (See our sections on appeals and writs .)
But some publicity won't justify a venue change—the publicity has to be severe enough to the point that it affects the ability to find an impartial jury. (Lawyers often refer to publicity having "tainted" the jury pool.)
To get a venue change based on publicity, courts usually require that the defense show that the media coverage caused actual prejudice in the prospective jurors' minds. In rare cases, sufficiently pervasive, sensational, and slanted publicity will cause the court to presume that there's prejudice.
The venue in a criminal case is the court that will hear the matter. In a typical case, jurisdiction would rest with a state, while venue would lie in a particular county—usually the county where the crime occurred. But a defendant can request that her trial move to another county. And if there's a reasonable likelihood ...
The court might consider a variety of factors other than the words of prospective jurors, such as: the frequency of the publicity. whether the publicity has been objective or slanted against the defendant. whether the publicity is recent or old, and. the size and character of the community exposed to the publicity.
Again, the ultimate issue is whether the publicity affects the defendant's right to a fair trial.
If so, it may have to transfer the case to County X. Some states, as well as the federal courts, allow a change of venue for the convenience of the parties or witnesses, typically because some or all of the witnesses reside elsewhere.
My colleagues are correct. Since you have counsel, that is the person you should be asking for advice. It would be inappropriate to step in and assume we can provide better answers with fewer facts.
Not something to just jump into. Sometimes, you have to be careful what you wish for. Discuss the upside and downside with your attorney.
This goes way beyond a simple online question and answer. I can only assume you have an attorney representing you in your criminal case. If they feel there's a valid motion to recuse the prosecutor's office, they can file it - same thing with a change of venue motion...
In the Los Angeles area, it is uncommon for a client to ask us about a change of venue motion because the area is so heavily populated that it is unusual for someone to be well-known within the community. It is sadly more common for someone to not even know their next-door neighbors than to know them. Nonetheless, when a client does inquire about ...
Nonetheless, when a client does inquire about a change of venue motion, a flippant “are you kidding?” answer is not helpful. What is helpful is advising the client what a judge must evaluate in such a request. There are five factors looked into, each of which the judge must consider in predicting whether jurors called to hear the case are going to be prejudicially affected by the publicity of the case. See, e.g. People v. Hamilton (1989) 48 Cal.3d 1142; Williams v. Superior Court (1983) 34 Cal.3d 584; Powell v. Superior Court (1991) 323 Cal.App.3d 785.
In looking into each factor, the judge should weigh each factor as it affects the need for a different courthouse to hear the case, insofar as analysis of the factor supports a change in venue , supports keeping the case in the present venue or is neutral . These are the factors:
The more extensive the news coverage, the more likely a change of venue is appropriate . However, when the news coverage is so geographically widespread and pervasive throughout the state, a judge may decide that a change of venue may do no good.
The venue may be changed and the case relocated for many reasons such as: Pretrial publicity: The jury may become impartial due to press leaks surrounding the case. As a result, the case may be moved to a different jurisdiction or state in order to prevent juror ...
A defendant in a criminal case is not guaranteed the right to any particular venue. The venue may be changed and the case relocated for many reasons such as: 1 Pretrial publicity: The jury may become impartial due to press leaks surrounding the case. As a result, the case may be moved to a different jurisdiction or state in order to prevent juror hostility or prejudice. 2 Improper venue: The defendant argues that the current venue is not proper according to rules of procedure 3 Interests of Justice: This is a catch-all doctrine that allows a trial to be relocated due to a variety of factors, such as: travel costs, judicial expenditures, location of witnesses or evidence, and choice of applicable law
Entering in a guilty plea also disqualifies the defendant from requesting a motion to change venue. Purposefully choosing a venue in order to benefit one’s case is known as “forum shopping”. It is somewhat rare in criminal cases, though it may be necessary under some circumstances.
A change of venue is a serious decision that will have major effects on the outcome of the trial. An experienced trial criminal attorney can help you decide whether a motion for change of venue is desirable. A lawyers are often familiarized with the rules and procedures in other jurisdictions, and they can draw upon their experience in selecting ...
In criminal cases, venue is the location where the particular crime was committed. If the crime was initiated in one area but completed in another, then the trial may be held at any of those locations. This is also true if multiple crimes were committed in various jurisdictions. Venue is term that is often confused with “jurisdiction”.
As a result, the case may be moved to a different jurisdiction or state in order to prevent juror hostility or prejudice. Interests of Justice: This is a catch-all doctrine that allows a trial to be relocated due to a variety of factors, such as: travel costs, judicial expenditures, location of witnesses or evidence, and choice of applicable law.
Before it can render a decision, a court must verify that it has jurisdiction. On the other hand, venue simply refers to the geographic location of the court.
There are also several reasons why a party might wish to change the venue of a case. A case’s venue is the geographic location in which a particular action may be properly tried. Perhaps the plaintiff and defendant live or operate (in the case of a business) in different counties, and one party is wary of having the case heard on ...
In regard to judges, perhaps a party knows of some association between the judge and the opposing party, which they believe will prove detrimental to their case. Perhaps a party’s attorney has been before a particular judge, and based on their past experiences, believes that another judge would better suit their client’s interests. Perhaps a particular judge’s political leanings are well-known, and a party believes that such leanings would likely cut against their legal position. There could be a number of other reasons, of course, why a change of judge would be preferred.
However, the essential element to keep in mind is whether the party seeking a change would be unlikely to receive a fair trial in the current setting, based on local prejudice or bias.
What changes are possible? Indiana law allows for parties to a case to request a change of the judge set to hear the case, or of the county in which the case is to be heard. These two elements – judge and venue – are both critical elements of any case, so having the ability to change them is quite significant.
There are a number of reasons why a court could grant a change of venue, but Indiana courts have looked primarily to two objectives in determining whether to grant such a change: the right of each party to a fair trial before an impartial judge, and the goal of conducting a trial in a county unaffected by prejudice.
Provided, however, a party shall be entitled to only one [1] change from the judge. After a final decree is entered in a dissolution of marriage case or paternity case, a party may take only one change of judge in connection with petitions to modify that decree, regardless of the number of times new petitions are filed.
Perhaps both parties are in the same county, but one party does not feel that he or she could get a fair trial in that county due to their own reputation within the county, a perceived bias on the part of local county officials/judges, the specific nature of the case, or other reasons. As with the reasoning behind a change of judge, ...
Husband has a broken leg. They divide duties with one set doing preliminary matters and someone doing trial and another doing sentencing followed by those who specialize in appeals. Prosecutor tells the boss that he cannot get defense counsel to understand the options and maybe it is personal. There are many other reasons.
Though this isn’t intended as an exhaustive discussion of the topic, generally, in the United States, the decision whether to prosecute is left to the district attorney. The courts may disagree with the wisdom or even the fairness of a prosecutor’s decision to bring charges but have no authority to override and dismiss the charges on that basis.
Courts have also ordered the dismissal of charges after a jury has returned a guilty verdict if it finds that the prosecutor or police engaged in serious misconduct before or during the trial such as willfully failing to disclose exculpatory evidence that would have raised serious doubts about the defendant’s guilt or undermined the verdict. An example of this is the case of Commonwealth v. Jay Smith (which was the subject of the book “Echoes in the Darkness” by Joseph Wambaugh). Smith, who was the principle of a high school, was convicted and sentenced to death for the murder of a teacher. During the trial, the police and prosecutor became aware of evidence that was found in the police evidence locker which may have corroborated the defendant’s alibi claim, but didn’t notify the defendant’s attorney. The prosecution denied the existence of the evidence even though the defendant produced a police officer who testified he was present when it was discovered on the victim’s body during the autopsy. The PA Supreme Court reversed the conviction and barred a retrial based on the misconduct. See: Commonwealth v. Jay C. Smith, 532 Pa. 177 (1992)
In most states, after charges are filed, the defendant is entitled to a preliminary hearing. At the preliminary hearing, the prosecutor must offer sufficient evidence to establish probable cause or a “prima facie case”, that a crime was committed by the defendant. The rules of evidence are relaxed and the court has no authority to judge the credibility of witnesses. “Probable cause” is a much lower standard than proof beyond a reasonable doubt. If the court finds that the prosecutor’s evidence does not establish probable cause as to each of the elements of the crime, it has a duty to dismiss the case. In most states, that does not prevent the prosecutor from filing the charges again, however.
What if charges are trumped up or the defendant is innocent? Easy. You reject the case . There has always been plenty of real crime out there to be prosecuted. There is no reason to select an innocent man and begin searching for evidence to convict him of some crime. It’s hard enough to convict the guilty beyond a reasonable doubt without pursuing the innocent.
A district attorney — “DA” — is someone who is the chief prosecutor, usually elected, of a city or county. Unless the jurisdiction is very small, they will probably have a staff of assistant district attorneys — ADAs — who handle most of the workload. The actual DA is usually the administrative head of the department, though they can actually prosecute cases in special circumstances.
What did Lavrentiy Beria say? “Point out the man, I will find evidence against him.“ I’m afraid that doesn’t work here. All you need is one juror who doesn’t buy it and you’re out of court.
There are cases that are famous (or infamous) in a particular locality, and a party may wish to change venue so that jurors are less likely to have heard of the case and , therefore, be unbiased. Each state and the federal jurisdiction have their own rules concerning venue, so be sure to check your local statutes or consult with an attorney to find out where you should bring your case.
When one party wants to change venue, she must file a motion for change of venue. Most jurisdictions have strict requirements for the motion, which can be found in that jurisdiction's rules of procedure.
A motion for change of venue ensures that a case is heard in the best location. There are two basic requirements that must be met before a court can hear a case. The first is jurisdiction, which means that the court has the authority to decide the legal issues which affect the rights of the parties in the case.
The second is venue, which decides whether the court is in the best location to hear the case. Although this may sound unimportant, there are actually very strict rules concerning where a case may be heard.
Cases that involve real estate usually must be heard by the court in the same county as the real estate. Sometimes a case is filed in a court that is too far for one of the parties to travel, and was done so deliberately to make it difficult for the parties to participate in the case. In these circumstances, the affected party could probably successfully seek to have venue changed.
Last, but not least, there are often rules about when during a case a motion for change of venue may be filed. If venue is not challenged at the proper time, a challenge may not be allowed at all. Meeting with a lawyer can help you understand your options and how to best protect your rights.