Change Of Venue Message In Riverside
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FAQ
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.)
Negative pre-trial publicity is the most common reason for a change of venue. The defense lawyer must show that the publicity was severe enough that it affects the ability to find an impartial jury.
A motion for change of venue is a legal tool to ensure a fair trial by addressing concerns such as local bias, pre-trial publicity, or concerns about the impartiality of potential jurors. The successful filing of this motion safeguards the defendant's right to a fair and impartial trial.
YOU NEED TO CHANGE COURTS? To move your case to another court, you must make a “Motion to Change Venue” in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security.
The judge must review the facts of the specific case and determine whether a change of venue would be appropriate. For example, the judge may look into whether the foreign national may have a valid defense to removal. They also may be more likely to grant a change of venue if the case has not already been delayed.
Go to: • Scroll down to the “Change of Address and Change of Venue” section. Click the link titled “Have you Moved?” ✓ The link will bring you to a self-help guide that includes a template Motion to Change Venue. Print at least 3 copies of the template.
The Rodney King case is one example of a notable change of venue where the trial was moved from Los Angeles to Simi Valley to manage impartiality. Dzhokhar Tsarnaev, the suspect in the Boston Marathon bombing, also filed a motion for a change of venue because of pretrial publicity and local bias.
It's very rare for a prosecutor to request a change of venue. I only know of one case and I will describe it below. Changes of venue are generally because it is believed than an impartial jury cannot be impaneled in the current venue. Obviously this is more often a concern for the defense than the prosecution.
An application for a change of venue must be filed at least 10 days before the date set for trial. The Judicial Council of California plays a role after the court grants a change of venue. The Judicial Council of California does not decide whether a change of venue should occur.
YOU NEED TO CHANGE COURTS? To move your case to another court, you must make a “Motion to Change Venue” in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security.
