Motion for change of venue

Motion for change of venue

Computer crime is unique in that the alleged perpetrator can be in one jurisdiction while the crime takes place in another jurisdiction.FN53 A motion for a change of venue should be made by counsel any time he or she believes that the client will not be able to receive a fair trial in the county or jurisdiction where the proceeding is set to take place. Counsel's motion will usually be grounded on extensive, adverse publicity that the client's case attracted during the pretrial period. Such publicity is common in computer crime cases.FN54

In these cases, the fact that a computer is involved often receives greater publicity than a case involving a comparable amount of theft not involving computers. In such a situation, news reports may reveal inaccurate details of the crime or are accurate but not based on admissible evidence. Such reports may also inflame public opinion to believe that computer crime is a big problem needing stricter reactions against computer criminals.FN55

It should be noted, however, that it is also possible that the publicity will glorify the defendant and make people admire him or her more so than feeling hostile towards the defendant.FN56

Counsel may find that a single change of venue is not sufficient to remove a case from the area tainted by the prejudicial publicity. If prospective jurors in the second county are as biased toward the accused as those in the county where the trial was originally scheduled, counsel should not hesitate to move for a change of venue to a third county. This second request for change should be made even if there is a state statute limiting a criminal defendant to only one change of venue because the constitutionality of such a statute is doubtful.FN57

There are sophisticated computer-based techniques for finding jurisdictions where the venue is better for the defendant.FN58 Efforts to effect a change of venue have proven both expensive and successful in highly publicized cases.FN59

If a motion to change venue is denied, the motion may, nevertheless, give rise to a significant issue on appeal. Additionally, it should be noted that the expense of such an effort is not inconsiderable.