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 from one geographic area to another. This request is usually made due to the defendant believing that they will have a more impartial and fair trial in a different location. This can happen if the defendant believes that the community they are living in is prejudiced against them, or they feel that they lack a fair chance at receiving a fair trial due to the public sentiment towards them. In Washington, if a defendant wishes to file a motion for a change of venue, they must show that they have a substantial and specific reason why they believe they won’t get a fair trial. This includes anything from prejudice against them in the community to a high-profile case that may influence jurors. The defendant must provide sufficient evidence that suggests that a change of venue is necessary for a fair trial. The court will then consider all of the evidence presented in the motion for a change of venue and make a ruling. If the court finds the evidence to be valid, they can grant the motion and move the trial to a new location. However, if they find that the evidence is not valid, then they can deny the motion and the trial will continue in the original location.
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