Someone accused of a crime generally has the right to a fair trial by an impartial jury. But a defendant doesn’t have the right to a trial in the county of his choice. Circumstances that make juror impartiality unlikely can, however, arise. In those circumstances, defense attorneys often “move” to have the trial take place somewhere else. (In most states, the prosecution can’t request a change of venue.)
Some state constitutions address the right to a change of venue, but in most states, the issue is left to statutes or court rules. These laws and rules explain how to request a change of venue, and may impose deadlines to file the requisite motion.
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