Motion for a change in venue

[Rebeccaryan]

North Carolina

I have a family member that has been charged with along with another defendant breaking and entering, and larceny of multiple homes. We live in a small town so the media went wild with the story. But the coverage has only been on my family member not the other defendant. They only show my family members picture when running stories about the case. The only show up to court for my family members court dates, not the other defendant. And when speaking to the public for comments on the case, the only comment on my family member in particular not the other defendant. Both defendants have been charged with the same number of crimes. My family member had their bond set at $750,000, while the other defendant had their bond set at $5,000. The other defendant bonded out, but was subsequently arrested for multiple felonies that have nothing to do with the other case and were committed while he was out on bond. He was still allowed to bond out on those charges and it took the district attorney four months to revoke his bond on the previous charges. My family member has been in the local jail for 17 months and has not even had a pretrial hearing yet. We were told off the record that no lawyer in the county would take my family member as a client, because some of the home owners have "friends in high places". And his public defender has never met with my family member to discus his case. Do you think this case would meet the standard to get a change in venue? Is there any legal precedent, or case law that I should read up on?

 

[Zigner]

North Carolina

I have a family member that has been charged with along with another defendant breaking and entering, and larceny of multiple homes. We live in a small town so the media went wild with the story. But the coverage has only been on my family member not the other defendant. They only show my family members picture when running stories about the case. The only show up to court for my family members court dates, not the other defendant. And when speaking to the public for comments on the case, the only comment on my family member in particular not the other defendant. Both defendants have been charged with the same number of crimes. My family member had their bond set at $750,000, while the other defendant had their bond set at $5,000. The other defendant bonded out, but was subsequently arrested for multiple felonies that have nothing to do with the other case and were committed while he was out on bond. He was still allowed to bond out on those charges and it took the district attorney four months to revoke his bond on the previous charges. My family member has been in the local jail for 17 months and has not even had a pretrial hearing yet. We were told off the record that no lawyer in the county would take my family member as a client, because some of the home owners have "friends in high places". And his public defender has never met with my family member to discus his case. Do you think this case would meet the standard to get a change in venue? Is there any legal precedent, or case law that I should read up on?

Unless you plan to read up on the entire law school curriculum, followed by passing the bar exam, and being admitted to practice law in your state, then I would suggest that your family member speak only to his attorney. You can, of course, hire a private attorney for him if you'd like.

 

[Ohiogal]

North Carolina

I have a family member that has been charged with along with another defendant breaking and entering, and larceny of multiple homes. We live in a small town so the media went wild with the story. But the coverage has only been on my family member not the other defendant. They only show my family members picture when running stories about the case. The only show up to court for my family members court dates, not the other defendant. And when speaking to the public for comments on the case, the only comment on my family member in particular not the other defendant. Both defendants have been charged with the same number of crimes. My family member had their bond set at $750,000, while the other defendant had their bond set at $5,000. The other defendant bonded out, but was subsequently arrested for multiple felonies that have nothing to do with the other case and were committed while he was out on bond. He was still allowed to bond out on those charges and it took the district attorney four months to revoke his bond on the previous charges. My family member has been in the local jail for 17 months and has not even had a pretrial hearing yet. We were told off the record that no lawyer in the county would take my family member as a client, because some of the home owners have "friends in high places". And his public defender has never met with my family member to discus his case. Do you think this case would meet the standard to get a change in venue? Is there any legal precedent, or case law that I should read up on?

If this has not gone to trial and it has been 17 months with him in jail, that may be a speedy trial violation (unless he has requested continuances and the time is charged to him) and the criminal charges should be dismissed. But apparently there have been court dates so you are not telling the whole story. If there hadn't been, the media would not have attended them. Your family member apparently has a criminal history different than the other DEFENDANT. You shouldn't be doing anything on this because quite frankly, you can't do anything. Unless you want to find yourself in a neighboring cell.

 

[LeeHarveyBlotto]

North Carolina

We were told off the record that no lawyer in the county would take my family member as a client, because some of the home owners have "friends in high places".

Your relative is free to select a lawyer from another county.

 

[LeeHarveyBlotto]

Your family member apparently has a criminal history different than the other attorney.

Freudian slip?

 

[Ohiogal]

Freudian slip?

Crap. Meant defendant. Crap.

 

[Rebeccaryan]

Wow, I am surprised that I got responds so quickly. But equally surprised that the responses were so condescending. It's not that I'm not telling the whole story but more like I am not aware of the proper terms to use. Ask me any question and I will try my best to answer it. So I know they had a court date where their bond was set, then there were maybe three court dates where the prosecution was suppose to turn over their evidence, but each time they said they did not have it ready. Maybe another 6 months went by and in January the judge was very annoyed and said they had 30 days to turn over the evidence, which they did. Then at a court date last week my family members public defender said he forgot to turn something in so it was postponed again. Ohiogal I have no idea where you would get the idea that by my interest in seeing that my family member gets a proper and fair trail, you end up with me being in a jail cell. By all means elaborate. And anyone up here that has nothing better to do then give condescending quips please don't waste my time. Yes my family member does have a criminal history different than the other defendant but only misdemeanors. They have a substance abuse problem so they cannot afford to hire an lawyer. Myself and my other family members have chosen not to hire a lawyer for them because we feel it was our family members actions that have put them in this situation. But we also feel they are not getting fair treatment. Anything that they are guilty of they should be punished for, I certainly don't think they were framed. I have never been in trouble with the law, so I'm not aware on how long things like this take but just thought the timeline was questionable. As is that we have been told that our family member was blacklisted

 

[HighwayMan]

Crap. Meant defendant. Crap.

Sure you did, Gal, sure you did...

 

[Ohiogal]

Sure you did, Gal, sure you did...

yeah, I really really did.

 

[Ohiogal]

Wow, I am surprised that I got responds so quickly. But equally surprised that the responses were so condescending. It's not that I'm not telling the whole story but more like I am not aware of the proper terms to use. Ask me any question and I will try my best to answer it.

Okay.

So I know they had a court date where their bond was set, then there were maybe three court dates where the prosecution was suppose to turn over their evidence, but each time they said they did not have it ready.

Maybe three court dates? Really? When was discovery requested formally? Who asked for the continuances?

Maybe another 6 months went by and in January the judge was very annoyed and said they had 30 days to turn over the evidence, which they did. Then at a court date last week my family members public defender said he forgot to turn something in so it was postponed again.

So that time is charged to your relative.

Ohiogal I have no idea where you would get the idea that by my interest in seeing that my family member gets a proper and fair trail, you end up with me being in a jail cell. By all means elaborate.

You are talking about practicing law without a license which can lead to you being charged criminally possibly. You have no right to be doing any of this.

And anyone up here that has nothing better to do then give condescending quips please don't waste my time. Yes my family member does have a criminal history different than the other defendant but only misdemeanors.

So what was the value of what he stole? What were his prior crimes?

They have a substance abuse problem so they cannot afford to hire an lawyer.

Look at the bright side -- he has been clean for 17 months then. What type of substance is his problem? Was he high/drunk when he committed the crimes? And I note you do not deny that he did any of this.

Myself and my other family members have chosen not to hire a lawyer for them because we feel it was our family members actions that have put them in this situation. But we also feel they are not getting fair treatment.

Actually they very well may be getting fair treatment -- or at least just treatment.

Anything that they are guilty of they should be punished for, I certainly don't think they were framed. I have never been in trouble with the law, so I'm not aware on how long things like this take but just thought the timeline was questionable. As is that we have been told that our family member was blacklisted

The timeline is not questionable if he waived speedy trial (which is possible) and the time is charged against for the continuances. And blacklisted? Really? I highly doubt that because he does have representation.