Full question:
My daughter was arrested in SD. She is being charged with 3 counts of attempted murder. She was in a hotel room VERY depressed and was going to comitt suicide. A welfare ck was called in on her and they went to her door and she was holding a gun (she is a police officer) but it was down on her side and they jumped her and tazed her. She had no control and the gun emptied in the room. The investigator found out all the circumstances but since she is a PO they are maxing it for high profile publicity. Can she request change of venue back to CO - she owns a house etc. They are charging her w/3 count attempted murder & 3 counts of aggravated assault with a deadly weapon
- Category: Criminal
- Date:
- State: Colorado
Answer:
Venue refers to the appropriate location for a legal case. In criminal cases, the venue is usually the county where the crime occurred. A change of venue can be requested, but it is at the judge's discretion. Common reasons for requesting a change include concerns about pretrial publicity affecting the jury's impartiality.
In South Dakota, the law states that the accused has the right to a speedy public trial by an impartial jury from the county where the offense occurred (SD Codified Laws § 23A-16-3). Additionally, criminal actions can be heard in the county where they were filed, but issues of fact must be tried in that county (SD Codified Laws § 23A-16-5).
For serious charges like attempted murder, the court may consider the potential for bias due to your daughter's status as a police officer. If she believes that local publicity will prevent a fair trial, she may have grounds to request a change of venue. However, the final decision rests with the judge.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.