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 by a defendant to move a criminal trial to a different county, or venue. In Texas, the motion can be filed prior to arraignment, or after arraignment but prior to trial. The goal of the motion is to allow the defendant a fair trial by a jury of their peers in a county or state where the bias about the case is not as strong as in the venue where the crime occurred. In order for the change of venue to be granted in Texas, the defendant must prove that adequate publicity within the county has made it impossible for the defendant to receive a fair trial, or that the defendant cannot receive a fair and impartial jury. The defendant must also show that they took all reasonable measures to select an impartial jury in the jurisdiction before filing the motion. The court will then decide, based on the evidence provided by both the defense and prosecution, if a motion for change of venue should be approved. If the motion is approved, the court will move the trial to a different county, or even a different state, to ensure that the defendant is granted a fair trial. In Texas, the court also has the option of changing the trial venue to an adjoining county. This may be done when there is not enough evidence to show that the jury may be prejudiced, but where the court feels that a trial in an adjoining county may be more convenient for the witnesses and parties involved.

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

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