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    Default "Right to a Fair Trial"

    My question involves criminal law for the state of: Texas

    My question is related to the topic of a defendant receiving a "Fair Trial." If you are accused of committing a crime in a small country town with a population of less than 5,000 people, it could be presumed that the majority of the town, officials, officers, and politicians know each other. If you are facing trial in a town as such, do you have the right to have a jury from a larger city within a 100 mile radius if requested by the defendant or his/her attorney?

  2. #2
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    Default Re: "Right to a Fair Trial"

    Quote Quoting BlazersandWildcats2009
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    My question involves criminal law for the state of: Texas

    My question is related to the topic of a defendant receiving a "Fair Trial." If you are accused of committing a crime in a small country town with a population of less than 5,000 people, it could be presumed that the majority of the town, officials, officers, and politicians know each other. If you are facing trial in a town as such, do you have the right to have a jury from a larger city within a 100 mile radius if requested by the defendant or his/her attorney?
    No, you do not have a right to change of venue merely because people in town might know each other. You would have to show that you cannot receive a fair trial as a result of these relationships.

    I live and work in a small city and a small county. Yes, the police officers know each other, we all know the attorneys and the judges and the prosecutors, and some of us actually socialize together from time to time. That does not mean the system is dysfunctional and people cannot get a fair trial. Heck, if that were the case we would have to move every trial in the county to an adjacent county because many people here tend to know each other to some degree.

    However, if some bias CAN be shown that might imply the inability have a fair trial - like, say, the judge and the defense attorney are husband and wife - then you might have an argument for replacement counsel or judge. And, as for a jury, that can be addressed during jury questioning.

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