why prosecuting attorney change vanue

If you are a defendant in a criminal case, the law guarantees you the right to a fair trial. If the location where your trial is to be held could possibly jeopardize this right, your attorney may file a Motion for Change of Venue. If granted, the case will be tried in a different location where you are more likely to receive fair treatment.

Full Answer

Can a prosecution request a change of venue?

(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.

Can a defendant waive the right to challenge a venue change?

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.

Can a court transfer an action sua sponte?

The court may also transfer an action sua sponte. Lead Industries Association, Inc. v. Occupational Safety and Health Administration, 610 F.2d 70, 79 n.17 (2d Cir. 1979); Mobil Corp. v. S.E.C., 550 F. Supp. 67, 69 (S.D.N.Y. 1982).

Can a judge decide to change the venue after voir dire?

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.

When an attorney requests a change of venue the attorney is asking?

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.

WHY IS venue important in a criminal case?

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.

What is it called when you change the location of a trial?

A change of venue is the legal term for moving a trial to a new location.

Why would a defendant ask for a trial to be moved to another location?

Defendants in high-profile criminal cases often look to move their trials to another county or state as a way of improving the odds of finding jurors who are not already inclined to believing they are guilty.

Why is it important to know the difference between venue and jurisdiction?

In all cases, the venue of any crime is important as well as that of the jurisdiction. 'Venue' is the place where the lawsuit is filed. Venue can be any region such as a country or a district or a town or a city. 'Jurisdiction' is the authority given to a legal body for hearing a case.

What is venue in criminal cases what is the rule with respect to venue?

Venue, simply, is the place of trial or geographical location in which an action or proceeding should be brought. In civil cases, venue is a matter of procedural law.

What is the reason to change the 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.

Can you change a court location?

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.

What is the required location of a trial?

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.

Can a case be transferred to another court?

1. Under section 526, Criminal Procedure Code, the High Court has power to transfer any case from one Court, subordinate to it to another on any of the grounds specified therein. This power of transfer extends to all classes of cases.

Can a court case be transferred from one State to another?

P.C empowers the Supreme Court to transfer a case pending before a Court in one particular State to a Court in another State, falling in jurisdiction of different High Courts. The Supreme Court after hearing your submissions and grounds will transfer both the cases to concerned Magistrate court in Hyderabad.

Can a criminal case be transferred from one court to another?

Section 408 of the Criminal Procedure Code provides the power to the Sessions Judge to transfer a case from one criminal court to another criminal court in his sessions division. Whenever it seems reasonable for the ends of the justice, the Sessions Judge can act as provided under this section.

Why do judges decide to change venue?

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 .)

How to get venue change based on publicity?

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.

What is venue in a criminal case?

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 ...

Why do people change their venue?

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.)

What factors are considered when deciding a jury's verdict?

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.

What is the ultimate issue in a publicity case?

Again, the ultimate issue is whether the publicity affects the defendant's right to a fair trial.

Can you transfer a case to County X?

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.

Why do people change venue in court cases?

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, must she file a motion for change of venue?

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.

What is a motion for change of venue?

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.

What is the second rule in a court 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.

Can a real estate case be heard in the same county?

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.

Can you challenge a change of venue?

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.

Why does the prosecutor tell the boss he cannot get defense counsel?

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.

Who decides whether to prosecute a case?

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.

What happens after a jury returns a guilty verdict?

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)

What happens after a charge is filed?

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?

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.

What is a district attorney?

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?

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.

Why is it uncommon for a client to ask us about 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 ...

What is helpful when a client does inquire about a change of venue motion?

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.

Why should the judge weigh each factor?

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:

Is a change of venue appropriate?

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.

Why is the venue of a criminal case changed?

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 ...

What is change of venue?

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 ...

What are the reasons for a criminal case?

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

What is venue in criminal law?

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”.

Why is a trial moved to a different 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.

What is venue in court?

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.

What is the interest of justice?

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. A judge has the discretion to determine whether a change of venue is appropriate.

Eric Matthew Matheny

I was a prosecutor in Miami-Dade County. As people move throughout the office prosecutors, like in many professions, get promoted and move laterally. Prosecutors get reassigned to division all the time. This is nothing new.

Joseph A Matera

As a former Prosecutor, I can tell you that this happens at times. The other Prosecutor could have been promoted; fired; or changed jobs and the other Prosecutor now has to step in. Given it is an Attempted Murder case, one can venture that it will take some time to get familiar with the case...

Michael Adam Haber

I cannot tell you with any degree of certainty what I am going to have for dinner, much less either why a new prosecutor was assigned or what it means. I can, however, venture a guess that there is no need to worry and that you can relax. This is a very common occurrence, especially in larger State Attorney’s Offices like...

Why are district attorneys reforming their offices?

With the crisis of mass incarceration and questions of resource allocation driving decisions, district attorneys of all political stripes are reforming their offices to reflect a data-driven and more humane approach to criminal justice. Here are some of those prosecutors.

What are the powers of a prosecutor?

Of all the cogs in the wheel, prosecutors are uniquely empowered to put the brakes on any case by making a critical decision: Do I release? Do I divert? Charge? Offer a plea?

What is Nathan Myers' plea?

Nathan Myers’ letter had the same plea as hundreds of others mailed to the state attorney’s Conviction Integrity Review unit: I’m innocent, please investigate my case. It was 2017, and incoming Fourth Judicial Circuit State Attorney Melissa Nelson had announced plans to form the first prosecutorial review panel in Florida, with the goal of digging into claims of actual innocence in Duval, Clay and Nassau counties.

Why is the prosecutor's office called the black box?

Because so many decisions are made outside of the public eye, the prosecutor’s office is often referred to as the “black box” of America’s criminal justice system. But a wave of new reformers are intent on letting in the light—through transparency, community engagement, and most important, regime change.

Who wrote the chapter on the death penalty?

Ayala, who wrote a chapter on the death penalty for an upcoming ABA book on prosecutorial discretion, has also instituted training for new prosecutors to give them court experience and real-life exposure: “If you have authority to send people to jail, you need to visit the jail, you need to visit juvenile detention facilities, you need to visit the prison. If you have authority to send people to death, you need to visit death row,” Ayala says.

Do defendants have the right to plea bargain?

Prosecutors also decide when and what evidence to turn over to the defense in a criminal case. Defendants have no right to discovery in plea bargaining. So in order to avoid harsher sentences, they often take deals that result in criminal records without ever seeing the evidence against them.

Did Ayala seek the death penalty?

Just two months after taking office, Ayala made a bold announcement: Her office would no longer seek the death penalty, arguing it was costly, inhumane and did not deter violent crime or promote public safety. Reaction by the state’s Republican governor at the time, Rick Scott, was swift. In an unprecedented challenge to prosecutorial discretion, he issued a series of executive orders removing all death penalty-eligible cases from Ayala’s office, reassigning them to another county. Ayala sued, challenging Scott’s authority to remove cases from her jurisdiction, but she lost in the Florida Supreme Court. After the court’s decision, her office instituted a seven-attorney panel to review all first-degree murder cases to determine whether the death penalty would be appropriate.

Understanding The Motion For Change of Venue

Reasons to Request A Change of Venue

• There are several possibly valid reasons why a judge might grant a Motion for Change of Venue. For example: 1. 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. 2....

See more on federalcriminallawcenter.com

Our Experience with Motions For Change of Venue

Change needed?

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. Venue changes can also happen when the current venue is si...

See more on nolo.com

Requesting A Change

Waiver

Consult An Attorney