What is a motion for a change of venue in criminal defense law?
In criminal defense law in Maryland, a motion for a change of venue is a request to transfer the criminal trial to another court, usually located in another county or district. The venue is the physical location where the trial takes place. A motion for a change of venue is typically filed by the criminal defendant or their defense lawyer if they believe a fair and impartial trial is not possible in the county where the criminal case originated. The need for a change of venue can arise for various reasons. A defendant may want to move the trial to another county because of a change in jury makeup or feelings in the community about the case. The court may also order a change of venue if it feels that a fair trial cannot be achieved in the original venue. In order for the motions to be successful, the defense must demonstrate that the proposed location of the trial would be more likely to render a fair and impartial judgment. This means showing that the court in the other location would have a different jury pool, potential witnesses, or other evidence that would help the defendant’s case. The court may also consider the potential cost of changing venues when considering the motion. If a motion for a change of venue is granted, the criminal trial will then be held in a different court in a different location. The defendant, prosecutor, and other court personnel will proceed to the new venue, where the trial will take place.
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