If you are a defendant in a criminal case, the legislation guarantees girlfriend the right to a same trial. If the place where your trial is to it is in held could possibly jeopardize this right, her attorney may record a motion for readjust of Venue. If granted, the case will be tried in a different location whereby you are an ext likely to get fair treatment.
You are watching: Why would a defendant ask for a trial to be moved to another location
Understanding the activity for adjust of Venue
When a movement for adjust of venue is filed in a criminal case, it means either the beginning or the defense is questioning the judge to relocate the upcoming trial come a various place. This isn’t as simple a procedure together it seems. Over there is the question of jurisdiction, for example—a court can only hear because that which it has the legal government to render a decision—and the rules for an altering venues are different from ar to place.
Sometimes changing a venue presents no dispute with the court’s jurisdiction; for example, if a crime spans two jurisdictions, the trial can be hosted in either, and also with state crimes, a trial could be moved from one ar to one more within the state there is no violating jurisdiction.
There are various other times as soon as the process is much more complex, and also the party requesting the adjust will have actually to show valid concerns around the fairness of the trial prior to the judge approves it. All of this is to say the it’s important to have an proficient defense lawyer in your corner who understands the nuances that the law, and who have the right to navigate this sometimes-tricky waters.
REASONS TO inquiry A adjust OF VENUE
There are several perhaps valid reasons why a judge can grant a motion for change of Venue. For example:Excessive pre-trial publicity. If details around your instance have been extensively publicized by the media, her attorney may properly argue the it would certainly be an overwhelming to discover unbiased jurors in ~ your neighborhood area to afford friend a same trial.Pre-biased jury pool. Publicity notwithstanding, if the jury pool is most likely to be biased against you in any method (for example, if your instance is race-related in a racially charged community, or if the is a death penalty situation in a community that favors the fatality penalty), her attorney may move to change the meet to enhance the jury pool in her favor.Current meet violates procedure. If for any type of reason, clerical or otherwise, the instance is being handled by the wrong court or a court v no jurisdiction, the venue might be adjusted to a more suitable court in a different locale.Other components in the “interest that justice.” This encompasses a wide selection of other possible reasons to move the trial, varying from availability of witnesses to conserving expenses, or also on the grounds the the presiding judge may harbor a prejudice versus the defendant.
See more: Ask A Mexican: What Does Viva La Raza Mean In English, Defining La Raza
Our endure with activities for adjust of Venue
While transforming a venue have the right to be a complicated matter, it is often crucial for the function of protecting the rights of the defendant in a criminal trial. The commonwealth Criminal Law facility has many of endure with filing effective Motions for adjust of Venue, and our attorneys will occupational aggressively on your behalf to ensure the your trial is hosted in a ar that affords you the least possible amount the bias.