What is a motion for a change of venue in criminal defense law?

A motion for a change of venue in criminal defense law is a request for a trial to be moved to a different court or location. This motion is typically used when a defendant believes they cannot get a fair trial in the current court because of prejudice or bias. It is also known as a "change of scene" or "removal," and is normally filed with the court overseeing the criminal case. In Florida, any person who has been charged with a crime has the right to request a change of venue. This request must be made before the trial begins, or before a jury is selected. Generally, a judge will grant a change of venue if they believe that a defendant cannot get a fair trial due to prejudice or bias in the current court. If the motion for a change of venue is granted, the trial will typically be moved to another court in the same county. The judge may also move the trial to a different county, if they determine that another court could provide a more impartial atmosphere. When requesting a motion for a change of venue, a defendant must provide evidence to support their claim that they cannot get a fair trial in the current court. This evidence may include statements from witnesses and case studies of similar trials in the same court. Ultimately, the judge will review all evidence and decide whether or not to grant the motion.

Related FAQs

What is the process for filing appeals in criminal defense cases?
How do I know if I need a criminal defense lawyer?
What is the difference between a felony and a misdemeanor in criminal defense law?
What is the difference between a felony and a misdemeanor in criminal defense law?
How can I find a criminal defense lawyer?
Can a criminal defendant testify in his or her own defense?
What kind of experience should I look for in a criminal defense lawyer?
What is the difference between a direct and circumstantial evidence in criminal defense law?
What is the difference between a misdemeanor and a felony in criminal defense law?
How do criminal defense attorneys present closing arguments in court?

Related Blog Posts

How to Construct a Solid Criminal Defense Case - July 31, 2023
Proven Strategies for Successful Criminal Defense Lawsuits - August 7, 2023
Understanding Criminal Defense Law and its Impact on Your Case - August 14, 2023
Tips for Choosing the Right Criminal Defense Attorney - August 21, 2023
Crucial Steps to Take When Facing Criminal Charges - August 28, 2023