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Can you request a change of venue?

On Behalf of | Aug 19, 2019 | Criminal Defense |

If you end up facing criminal charges in Cranford, you may believe that your lack of involvement or the weakness of the allegations against you would be apparent regardless of the location of the court in which your case is presented. However, criminal trials can involve a number of complexities that, in the end, could result in your receiving an unfavorable ruling even in cases where many may not have anticipated such an outcome. One factor that can potentially influence the outcome of a criminal trial is the city or municipality in which it is argued. Thus, this should be something that you consider when preparing your defense. 

If you fear that the venue of your trial might impact its result, it is within your right to request that proceedings be moved to a different area. According to New Jersey Court Rule 4:3-3, a change of venue may be requested if the case cannot be heard in the area rightly designated by state standards (which, in criminal cases, is typically the county in which the alleged offense occurred). Other cases in which a change of venue may be requested include where doing so would be in the best interest of justice for both the parties directly involved and any witnesses to the case, as well as instances where it substantial doubt exists as to the possibility of you receiving fair and impartial judgment in the county that would normally have jurisdiction over the case. 

When requesting a change of venue, you are given 10 days from the date of the last permissible responsive hearing in your case to file your petition. If you do not, it is assumed that you have no objections to the venue your proceedings are currently being held in. 



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