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

A motion in criminal defense law in South Carolina for a change of venue is a request by the defense for the trial to be held in a different location. Usually, the motion is requested when the defense fears that the jury pool in one location would be biased or negative against the defendant for any number of reasons, including race, gender, or religious affiliation. In this situation, the defense attorney would request that the trial be held in a different location where the jury pool is more likely to be impartial. The court may grant a change of venue for any number of reasons, often when the defense attorney can show that it’s likely that an impartial jury cannot be found in the original jurisdiction. The court might also grant a change of venue if it is determined that an impartial jury could be found, but the defense or the court feels that it is necessary to secure a fair trial. The decision to grant a motion for a change of venue is within the court’s discretion, and this decision is based on the facts presented and the ability of the court to provide a fair trial. Depending on the facts of the case, a change of venue may be granted or denied. If granted, the trial would be moved to a new location where a new jury would be impaneled to hear the case.

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