QUESTION

Under what circumstances can someone ask for a change of venue and how would one go about doing that if he feels the judge himself is being totally unfair?

Asked on Jun 10th, 2005 on Criminal Law - Virginia
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Under what circumstances can someone ask for a change of venue and how would one go about doing that if he feels the judge himself is being totally unfair?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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A change of venue motion is one that asks to have the trial moved to a different county. The motion usually is made when there has been extensive negative publicity about the case and the defendant fears that a fair and impartial jury will not be able to be seated. In some places, if the change of venue request is granted, the original trial judge stays with the case and travels to the new place of trial. If you believe that the trial judge is not going to give you a fair trial, you might consider a motion to recuse the judge rather than change venue. These motions are not often granted. In order to recuse the judge, you would have to establish that the judge is biased or prejudiced against you. The judge would consider your motion and rule on it. A recusal motions should be made well in advance of trial. It should be in writing and some states require that it be accompanied by a sworn affidavit setting forth the specific reasons for believing the judge is biased or prejudiced. I recommend you consult with your attorney and seek his or her advice on whether such a motion is warranted in your case.
Answered on Jun 10th, 2005 at 12:20 AM

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