Legal Question in Criminal Law in California

Change of venue/Criminal/kidnapping/assault with GBI

I live in a small town in central California. May 18th I was attacked by a former employer who brought two guys with him and I was subsequently beaten badly two days after winning a huge labor suit against them. The police in this town are favoring the employer(good ole boys) The arresting officer showed up at the prelim with the defendant. Local newspapers getting the runaround from the police.

CanI get a change of venue? Is it worth it?

Thank you.


Asked on 6/30/08, 4:20 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Change of venue/Criminal/kidnapping/assault with GBI

I'm so sorry to hear what you have been through.

As the victim, you have no standing to seek a change of venue. Only the defendant and the prosecutor have that right. Prosecutors rarely invoke it, and defendants who do invoke it rarely succeed. There is probably not much you can do to get the case moved.

Even if the police seem to be favoring the defendant, the fact that there was a prelim shows that he is being prosecuted and that the D.A. is seeking a conviction. Her attitude matters more than any police officer's.

If you think the D.A. is not serious about the case, you can talk to the state attorney general's office. The A.G. will sometimes step in where local prosecutors aren't acting impartially. If that doesn't work, try the local U.S. Attorney.

Good luck.

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Answered on 6/30/08, 6:31 pm


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