Legal Question in Criminal Law in Utah
Change of Venue Procedures
Who is entitled to a Change in Venue? Is it true that everyone is entitled to one change in venue without providing a reason to the court? What are reasons why a person would be denied? Is there a certain time phase in the court hearings when the defendant should ask for a motion to change in venue? If the prosecuting attorney has a personal dislike for the defendant, would this validate a change in venue?
1 Answer from Attorneys
Re: Change of Venue Procedures
There is no automatic change of venue in Utah. A change of venue only comes about when the court is convinced that the amount of publicity generated by the case has made it unlikely that the Defendant can seat a jury that is willing to set aside any preconceived ideas about the Defendant's guilt. My experience has been that it is rare to get that. And, unfortunately, if the prosecutor's dislike of a defendant could get a change of venue, they would be granted every day. That is NOT a basis for a change of venue, as quite frankly in a change of venue you keep the same prosecutor. If the prosecutor becomes unethical in his prosecution (and simply rejecting any plea agreements does not qualify), then that is something that can be brought up, but it does not entitle you to anything more than at most a different prosecutor.
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