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

A motion for a change of venue is a request by a criminal defense lawyer in California to move a criminal trial proceedings from one court to another. This usually occurs when a defendant believes he or she will not receive a fair trial in the court in which the case was originally filed. This motion is generally filed when the defendant believes that local prejudices or biases will prevent the defendant from receiving a fair trial. In California, a motion for a change of venue is filed with the court where the criminal charges originated. The motion must include legal arguments as to why the trial should be moved, such as bias within the community or a lack of impartiality due to the widespread publicity of the case. The district attorney will then have the opportunity to present both legal and factual arguments as to why the trial should remain in the original court. The judge will then consider the arguments presented, and make a decision as to whether the trial should remain in the original court or be moved to a different court. If the motion is granted, the trial will be moved to a new court in a different county. This can be time consuming and costly process, but it is important in order to protect the rights of a criminal defendant.

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

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