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 the court to move a trial to a different court or jurisdiction in order to ensure the defendant receives a fair trial. In many cases, the defense may feel that the bias of the community or the media coverage is making it difficult to find an unbiased jury, or that the defendant will not receive a fair trial if it is held in the jurisdiction where the crime was committed. In Hawaii, the motion for a change of venue must be requested in writing and submitted to the court for consideration. The court then considers the motion and makes a decision. Factors that may influence the court’s decision include the nature of the case, the potential of prejudice in the original jurisdiction, and the availability of another court or jurisdiction to hold a fair trial. If the motion is granted, a new trial will be held in a different jurisdiction, and the defendant may be given the option to choose which venue to move the trial to. In some cases, a change of venue will be allowed if the defense can present compelling evidence that the defendant will not receive a fair trial in the original jurisdiction. In either case, it is important for the defendant to ensure they are well-represented and have a knowledgeable attorney on their side.

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

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