Motion to Change Venue
The venue is the court that will hear your case. Jurisdiction would lie with the state. Venue would rest in a particular county, usually the county wherein the crime occurred.
If you are accused of a crime, you have the right to a fair trial by an impartial jury. You do not, however, have the right to choose the county where your case will be heard. There are times when juror impartiality can occur. In this circumstance, your attorney will move to have the trial conducted in another court by filing a motion to change venue.
In order to receive a change in venue, your attorney will have to show a likelihood that you cannot receive a fair trial. Usually this is caused by pre-trial publicity, but it could be anything that makes it almost impossible to find an impartial jury.
There are also circumstances where the current venue is simply the wrong one. For instance, if the crime occurred in one county and your case is set for hearing in another county, the county you are set to be heard in most likely lacks jurisdiction. That being the case, it would have to be transferred.
Other reasons for a change of venue include, but are not limited to:
• The judge is prejudiced against the defendant
• In capital cases, a jury pool who is predisposed for or against the death penalty
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