Legal Question in Criminal Law in California

Re: Change of Venue

For a change of venue, you would have to prove to the court that the defendant is extremely prejudiced in that jurisdiction and that he would not get a fair trial. We would also need more details as to the alleged charge before we could answer anymore questions.

Re: Change of Venue

On the change in venue that is not going to happen. Your young friend had traveled the 400 miles to commit something, get accused of a crime, and now he gets to travel the 400 miles to make his several court appearances. An attorney may be able to make all of his court appearances and handle the matter without the young man ever having to travel to the county in which the matter is being heard. If the matter is filed as a misdemeanor the attorney can make all the appearances including entering a guilty plea if that is appropriate. If it is filed as a felony then the criminal defendant must make all the appearances with his attorney. However, even in a felony the judge may excuse the defendant making each and every appearance. Also the matter can probably be resolved (if it's relatively minor) in one appearance. The wonderful thing about California is that they pay their law enforcement people rather well. I'm personally not aware of any county in which the whole county is full of corrupt law enforcement people. I'm aware that in many instances there are one or several bad people enforcing the law, but not a whole county.

But like my Dad told me when I was a teenager, and I had told him I was driving down into southern Missouri to hunt, "Stay out of Arkansas boy. You hunt into Arkansas and they catch you, they'll tie your ass over a mule and whip you." I've never hunted Arkansas. And to this day when I drive through Arkansas I keep my powder dry.

Re: Change of Venue

No change in venue will be granted in a criminal case. If it is being held in Juvenile court that would be another matter. There will be a fitness hearing to determine if he will be tried as an adult if it is a serious crime. You would be well served by obtaining representation. Call me directly at (619) 222-3504.

Place of residence

Usually a minor is placed before the court in the county where he resides, which is usually the parents address. If the parents are separated and the child is being transferred between parents, a venue change will be granted. Unfortunately, in this instance the judge has the discretion to proceed in the county where the crime occurred, and transfer any disposition to the county of residence. I suggest you call the public defender and specifically request a change of venue. Someone in the delinquency office my be fluent enough to have the case transferred before any appearances are made. I am assuming the minor is to be arraigned at the next hearing.

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