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 legal request made by the defendant when they believe that they cannot get a fair and impartial trial in the jurisdiction where they are currently charged. In Texas, a defendant can file a motion for a change of venue if they can demonstrate that there is a reasonable likelihood that there is a prejudicial atmosphere in the jurisdiction where the case is pending. This could be due to an excessive amount of publicity about the case or extensive community bias against the defendant. The motion for a change of venue must be filed in the same court where the defendant is currently charged. The motion must include the reasons why the defendant believes they cannot get a fair and impartial trial in the jurisdiction and must cite evidence of the prejudicial atmosphere. The prosecutor who is handling the case will then have an opportunity to respond to the motion. If the court grants the motion, the case will be moved to another jurisdiction where the defendant has a better chance of receiving a fair trial. If a defendant is considering filing a motion for a change of venue in Texas, they should consult with a criminal defense lawyer who can advise them on the best course of action. They must take into account the costs of changing the venue as well as the likelihood of success.

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