Change of Venue Based on Fair and Impartial Trial Requirement

By: Wallin & Klarich

Venue is where the court has jurisdiction to bring the case to trial. The defense can move the change venue to another county when it appears reasonably likely that a fair and impartial trial cannot be had in the county under Penal Code Section 1033.

The most common change of venue motion is the defense motion to change venue because of extensive pretrial publicity prejudicial to the accused. Such motion may be brought before trial, or it may be raised for the first time during jury selection or after the jury has been selected but before it is sworn.

If the motion is granted, the judge of the transferring court then determines the court in which the case is to be tried after hearing the parties’ suggestions. However, the only aspect of the case that is transferred is the trial itself, all pretrial conferences and sentencing takes place back in the original county.

Hiring an experienced criminal defense law firm can greatly increase your chances of ensuring your freedom. The skilled San Diego criminal defense attorneys at Wallin & Klarich have been helping people for over 30 years and know the benefits of asserting every defendant’s Constitutional rights.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at for more information.

Posted In: Criminal Defense