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 to the court by the defendant, asking that their trial be held in another location than where it is currently being held. This request is usually made when the defendant or their lawyer believes that they cannot get a fair trial in the court where the case is currently set. For example, if the defendant is facing a criminal trial in a town where they have a negative reputation, they may petition the court to move the venue of the trial to another town where their reputation is more positive. In Kansas, the decision to change the venue of a trial from one county to another lies with the judge presiding over the case. Typically, the defendant must make a motion for a change of venue in the county where the trial is currently set. The motion must provide good reason as to why the trial should be held in a different county and must include a list of potential alternate venue counties. The judge must then take into account the prejudice that might be suffered by the defendant if the trial remains in the current county and must decide if a change of venue is warranted.
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