Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Does Your Criminal Case Need a Change of Venue?

If your criminal case has received a lot of press then you may be wondering if you qualify for a change in venue. If you work with Law Office of Michael L. Fell you can count on us considering this and all other options. Call us at (949) 585-9055 to get a free consultation and to discover what your options are. In the meantime, keep reading to learn more about venue, jurisdiction, and how they can affect your criminal case.

The definition of venue and jurisdiction

The first step is for us to explain exactly what “venue” means. It refers to either the county or the district where your case is going to be decided. Jurisdiction is related but is actually a broader concept. It involves the legal authority to hear a case. The venue is the exact location where the case will be heard.

Consider this example: The state of California has jurisdiction over a case but the Los Angeles court is the venue for it. There are many rules that can affect the venue. There are statutes, provisions within state constitutions, and court rules that affect venue. In fact, the state constitution guarantees that defendants have the right to be tried by an impartial jury in the county where the crime happened.

What happens when the venue is uncertain?

As we mentioned above, in most cases the venue will be the county or district in which the crime occurred. But what about situations in which it is not that simple? For example, if the crime happened in more than one place, or when it is not clear where the crime occurred? Then numerous factors will be taken into consideration to determine the venue. For example, the seriousness of the offense, the elements of the crime, where it took place, and any crossover acts can be taken into consideration.

What about online crimes?

Venue for online crimes can be a little complicated. In most cases, it will be the place from which the defendant sent an alleged criminal message or the place in which the other party received it. Consider this example: If a person uses their email to hire another person to commit a crime, they could be tried either where the email was sent or where the person received it.

What to do if you believe the venue needs to be changed

If you are facing criminal charges and believe that you need a venue change then you have the right to request it. However, that does not mean that the court will allow it. There rules about how to request a change of venue and there are time limits too. This is why you should let an experienced criminal defense attorney handle it for you.

No matter what crime you are facing, whether domestic violence, a theft crime, or something else entirely, you have a right to a vigorous defense. That is what you can expect when you work with Law Office of Michael L. Fell. Contact us at (949) 585-9055 for your free legal consultation.