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 is the legally proper or most convenient place where a particular case should be filed or handled. Every state has rules determining the proper venue for different types of lawsuits. Normally, the venue in a criminal case is the judicial district or county where the crime was committed. The state, county or district in which a lawsuit is filed or a hearing or trial in that action is conducted is called the forum. For various reasons either party to a lawsuit or prosecution may move (ask) for a change of venue, which is up to the discretion of a judge in the court where the case or prosecution was originally filed. Reasons for such a request may include a clause in a contract stating that any action must be brought in a certain other venue, or pretrial publicity may be claimed to have tainted the potential jurors in that venue from rendering an impartial judgment.
The following are South Dakota statutes:
23A-16-3.
The accused has the right to a speedy public trial by an impartial jury
of the county in which the offense is alleged to have been committed.
23A-16-5.
All actions, special proceedings, motions, and applications of a
criminal nature, arising under the laws of this state of which a circuit
court has jurisdiction may be heard and determined at any place in the
judicial circuit in which is situated the county where the same is
brought or pending; but issues of fact in any criminal action must be
tried in the county in which the same is brought or to which the place of
trial is changed by order of court. Neither this section nor § 23A-45-11
shall prevent the judge of any circuit court from making an order in
chambers at any place within the state in any criminal matter properly
before him.
23A-16-11.
The venue of a prosecution for murder or manslaughter, when the injury
which caused the death was inflicted in one county and the person injured
dies in another county or out of state, is in the county where the injury
was inflicted.
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.
