Author Topic: Change of Venue  (Read 4260 times)

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Offline Eden

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Change of Venue
« on: June 29, 2011, 08:12:28 PM »

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Why do people get a change of venue? I see cases move to a neighboring county and they have the same judge. I can understand in high profile cases, but not your run of the mill DWI or child support. Seems odd to me. Thanks and you are doing a wonderful job!
"Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned"

Offline Kristi Marie

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Re: Change of Venue
« Reply #1 on: June 30, 2011, 12:09:07 AM »
because some people I know can't go in front of some judges any more or they will automatically go to jail, because the judge is tired of seeing them all the time! lol

Offline kevinhillman

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Re: Change of Venue
« Reply #2 on: June 30, 2011, 03:49:23 AM »
By law, in any county with less than 75,000 people, you get an automatic change of venue within the circuit. 
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Offline tpgunbiz

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Re: Change of Venue
« Reply #3 on: June 30, 2011, 05:16:44 AM »
why?
Biscuit

Offline Eden

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Re: Change of Venue
« Reply #4 on: June 30, 2011, 11:36:04 AM »
because some people I know can't go in front of some judges any more or they will automatically go to jail, because the judge is tired of seeing them all the time! lol

Seen them a lot with the same judge. That is what I thought was odd.

By law, in any county with less than 75,000 people, you get an automatic change of venue within the circuit. 

Yes, why? Because if they go to trial someone might have heard about it? I wouldn't think moving it one county over would change that. Just think it's odd and another way to waste time.

"Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned"

Offline ~kathy~

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Re: Change of Venue
« Reply #5 on: June 30, 2011, 03:02:17 PM »
I know some that has asked because they feel they will have a better chance of getting off of whatever they have done.
Go ahead and blame me....Everyone else does

Offline Eden

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Re: Change of Venue
« Reply #6 on: June 30, 2011, 06:11:33 PM »
I know some that has asked because they feel they will have a better chance of getting off of whatever they have done.


Case I am referring to has the same judge in both counties, might be going to trial, who knows.
"Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned"

Offline ~kathy~

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Re: Change of Venue
« Reply #7 on: June 30, 2011, 09:58:32 PM »
Case I am referring to has the same judge in both counties, might be going to trial, who knows.

may have same judge but if going to trial wont be same people atleast that is why the case i knew of the guy have the change of venue because he felt like to many knew him around here but not in rolla.
Go ahead and blame me....Everyone else does

Offline Pete

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Re: Change of Venue
« Reply #8 on: July 01, 2011, 03:16:23 AM »
I might be wrong, but even if they change the county, isn't the folks from our county that are on jury duty alert going to have to judge the case. Wondering mind. If allot of folks know you, you better hope they think at least a little good about you if you break the law.
If your going to be dumb, you better be tough!

Offline kevinhillman

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Re: Change of Venue
« Reply #9 on: July 01, 2011, 03:45:30 AM »
Here is the rule.  When it changes venue, the jury comes from the new county.  The judge can stay the same, but sometimes they also ask for a new judge.  I don't know why we have this rule, ask the legislature.  The Prosecutor's Association has proposed a change to this rule but so far to no avail.
 
32.03. Misdemeanors or Felonies - Change of Venue as a Matter of Right in Certain Counties - Procedure

(a) A change of venue shall be ordered in any criminal proceeding triable by a jury pending in a county having seventy-five thousand or fewer inhabitants upon the filing of a written application therefor by the defendant. In felony and misdemeanor cases the application must be filed not later than ten days after the initial plea is entered. The defendant need not allege or prove any reason for change. The application need not be verified and shall be signed by the defendant or the defendant's attorney.


(b) A copy of the application and notice of the time when it will be presented in the court shall be served on all parties.

(c) If a timely application is filed, the court immediately shall order the case transferred to some other county convenient to the parties, first giving all parties an opportunity to make suggestions as to where the case should be sent. In lieu of transferring the case to another county, the court may secure a jury from another county as provided by law.
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Offline Pete

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Re: Change of Venue
« Reply #10 on: July 02, 2011, 04:18:49 AM »
Cleared that up for me, Thank you sir!
If your going to be dumb, you better be tough!

Offline Eden

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Re: Change of Venue
« Reply #11 on: July 06, 2011, 06:06:31 PM »
Thanks Kevin. Maybe it's because the Pulaski County PA is doing such a good job! :-)
"Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned"

Offline cowboy

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Re: Change of Venue
« Reply #12 on: July 06, 2011, 07:33:15 PM »
Thanks Kevin. Maybe it's because the Pulaski County PA is doing such a good job! :-)

You still do not understand

Offline Coyote

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Re: Change of Venue
« Reply #13 on: July 06, 2011, 07:42:13 PM »
lol.

You still do not understand
....and that night as the moon crossed the mountain, one more Coyote was heard...

Offline Eden

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Re: Change of Venue
« Reply #14 on: July 06, 2011, 08:23:29 PM »
I understand cowboy...it was a bit of a joke, Kevin is actually making people pay for their crimes so people are going to other counties....nevermind.
"Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned"

Offline Coyote

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Re: Change of Venue
« Reply #15 on: July 06, 2011, 08:24:55 PM »
It was cute.

I understand cowboy...it was a bit of a joke, Kevin is actually making people pay for their crimes so people are going to other counties....nevermind.
....and that night as the moon crossed the mountain, one more Coyote was heard...