When a change of venue is granted in a jury trial, who goes with the defendant?
In a change of venue, do both public defenders (defense attorneys) and the prosecuting attorney go to the new venue, or does the prosecuting attorney change? I presume that the judge will always be from the new venue.
Thanks, Henrietta
I am adding these details after the first two responses: The change would be to an adjacent county where the prosecutor is not licensed, but the public defenders are. The new county would also not be within the jurisdiction of the present judge. The reason for the change of venue is because it is a very high-profile case that everyone in the present county has an opinion on.
First of all, the prosecutor is licensed by the state and can practice anywhere in your state. You’re confusing licensing with elected. In a change of venue case, all the legal parties remain the same. However, as a practical matter, the judge and the prescutor may trade a case with the other jurisdiction if they have a case that has been moved, also. I’ve tried change of venue cases with out of district judges and prosecutors. A true change of venue case means only the location of the trial has changed.
October 30th, 2009 at 12:46 am
only the location changes for sure - the judge will also probably change, but may not necessarily - normally, a change of venue and change of judge are filed at the same time. The defense attorneys and prosecutors all stay the same.
References :
October 30th, 2009 at 1:09 am
It depends upon the nature of the venue change. If you’re talking about from one state to another, or from one judicial district to another, the prosecutor and the public defender may not be licensed in the new venue! And then you have to get new attorneys.
The judge will most likely be changed (unless the new venue is in the district in which the judge sits). It would depend upon how far you’re moving and why (because of local publicity, because of conflicts, etc.)
References :
October 30th, 2009 at 1:53 am
First of all, the prosecutor is licensed by the state and can practice anywhere in your state. You’re confusing licensing with elected. In a change of venue case, all the legal parties remain the same. However, as a practical matter, the judge and the prescutor may trade a case with the other jurisdiction if they have a case that has been moved, also. I’ve tried change of venue cases with out of district judges and prosecutors. A true change of venue case means only the location of the trial has changed.
References :
I’m an atty