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  1. #1
    Join Date
    Sep 2006
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    24

    Default Who can request Change of Venue

    In a felony charge against a man, in a case involving my kids, I read this morning that someone has filed a motion for a Change of Venue last week - but it does not say which side did it IF either side has the ability to...

    Is this something that only the defense can do???

    Missouri - thanks...

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Who can request Change of Venue

    It is possible for either side to request a change of venue, but it is normally the defense which brings that type of motion.

  3. #3
    Join Date
    Sep 2006
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    24

    Default Re: Who can request Change of Venue

    Thank you. I am totally confused now.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Who can request Change of Venue

    Ask a follow-up question.

    Typically in change of venue motions, the defense claims that pretrial publicity will make it impossible to get a fair and impartial jury in the county where the charge is pending.

  5. #5
    Join Date
    Jul 2006
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    5,438

    Default Re: Who can request Change of Venue

    http://www.courts.mo.gov/casenet/base/welcome.do

    If your county is on CaseNet, tell us what you find.

    Otherwise, as Aaron said, ask follow-up question.

    What is puzzling you?

  6. #6
    Join Date
    Sep 2006
    Posts
    24

    Default Re: Who can request Change of Venue

    My confusion is… I thought this was going to be over March 13 (the guy gets probation) or set for trial. This has not been publicized one bit. In fact, it has never been mentioned in any news outlet. The man’s family is in law enforcement – could that be reason enough? Plus, all his family and friends are in this county – they would find out. Could that be a reason?

    All Case.net says is “Motion for Change of Venue” last Tuesday. No “Defense appears and files”… nothing like that. My daughter’s mother met the assistant prosecutor Thursday and he did not mention it. I found it on Case.net Saturday.

    I understand what you said… I just don’t know what is going to happen with everything that we’ve done up until now, the charge against the man for crimes against my other daughter, the preliminary hearing he finally waved when my kids were falling apart from anxiety, the arraignment in circuit court he already did… everything. Will it all start over?

    I must note though, I have always wanted the man to go to prison... and he deserves to. Maybe this is a good thing... I don't know.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Who can request Change of Venue

    Venue almost never gets changed. Had it been changed, the proceedings should continue in a different court, and from what you say they are continuing in the same court.

  8. #8
    Join Date
    Sep 2006
    Posts
    24

    Default Re: Who can request Change of Venue

    Thanks for the info. I'll quit thinking about it.

  9. #9
    Join Date
    Sep 2006
    Posts
    24

    Default Re: Who can request Change of Venue

    Just for your information:

    It was changed. The reason we were given was the "small" population in the county and the defense did not think they could get a fair trial. It's standard procedure they said.

    However, the only thing different is the courthouse and jury pool. Same prosecutor, judge... and everything else.

    So - publicity is not the only reason. 35,000+ people is just not enough to get a fair jury.

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