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 from the defense attorney to move a criminal trial from the jurisdiction where it was originally filed to a different jurisdiction. This motion can be granted if the court decides that it is unlikely the defendant will receive a fair trial in the original court. This is because factors such as community opinion, the press, or the familiarity of witnesses with the original court may be influencing the outcome of the trial. In Idaho, as in other states, a defendant in a criminal trial has the right to a fair trial. This includes the right to have their case heard by a jury in a court that has no bias or prejudice against them. If the court finds that a jury would not be impartial in the original court, it may grant a motion for a change of venue. When a motion for a change of venue is granted, the trial will then move to a different court in a different jurisdiction. This new court will be selected by the defense attorney in consultation with the prosecutor to ensure the defendant has their best chance of receiving a fair trial. In Idaho, a motion for a change of venue may be granted when a defendant’s right to a fair trial is more likely to be respected in a different court. This is to ensure the defendant receives a fair and impartial trial for the charges they are facing.

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