Can I get a Change of Venue in Federal Court?

In FEDERAL CRIMINALby johncannon

Introduction to Federal Charges in Oklahoma

The Federal Criminal Defense Attorneys at Cannon & Associates are FIERCE ADVOCATES for those charged with any and all federal crimes. We have successfully defending many clients in federal court across Oklahoma. 

We are led by John P. Cannon, a former Assistant District Attorney and Assistant Attorney General who prosecuted crimes in state court before becoming the experienced Edmond criminal defense attorney he is today. A successful defense can result in a case dismissal, dropped charges, or a not-guilty verdict at your federal criminal trial. 

If you or a loved one has been charged with a federal crime, call us for a free confidential case evaluation. Edmond Federal Crimes Defense Attorney John Cannon is a FIERCE ADVOCATE and available to talk to you today. Call Cannon & Associates at (405) 657-2323 and prepare your defense. 

Can I Get a Change of Venue in My Federal Criminal Case?

Many defendants facing federal charges in Oklahoma are from out of state. Those facing federal criminal charges in Oklahoma have many questions that immediately come to mind: 

  • How am I going to find a lawyer?
  • How am I going to travel back to Oklahoma for federal court?
  • Will I automatically go to federal prison, if charged with a federal crime in Oklahoma? 

This is a problem many Americans have faced and are facing with the ease of access across our county by highway and interstate; along with the federal district courts that have jurisdiction over matters that occur within their territorial boundaries. Many people cannot afford the costs of traveling to Oklahoma from their home state to fight and defend their Oklahoma federal charges. 

In this post we’ll discuss the option of seeking a Change of Venue in Oklahoma federal criminal court and the factors considered by federal judges in granting or denying such a request. 

Platt Factors

The factors a federal criminal judge will consider in granting or denying a request for Change of Venue are commonly referred to as the Platt Factors. These factors originate from a 1964 United States Supreme Court decision, Platt v. Minnesota Mining Co:

  1. The location of the defendant;
  2. The location of possible witnesses;
  3. The location of events likely to be in issue;
  4. Location of documents and records likely to be involved;
  5. Disruption of defendant’s business unless the case is transferred;
  6. Expense of the parties;
  7. Location of counsel;
  8. Relative accessibility of place of trial;
  9. Docket condition of each district or division involved; and
  10. Any other special elements which might affect transfer.

When evaluating these factors, a federal criminal judge will look at the repercussions of holding the trial in the federal district where the offense was charged or in the home state of the defendant. 

The most powerful factors the court considers are the difficulty and financial hardship incurred by bring the defendant, witnesses, and additional defendants to the jurisdiction. An applicable example would be a drug trafficking conspiracy and RICO that originated and principally occurred in the Northern District of California; however, three defendants were arrested and indicted in the Western District of Oklahoma. Due to the difficulty of bringing witnesses and other defendants from California to Oklahoma, a federal criminal judge in the Western District of Oklahoma might transfer the federal case in the Western District of Oklahoma to the Northern District of California.

Finding an Impartial Jury

Federal criminal judges, like state court judges will normally accept a request for Change of Venue, if they believe a prejudice will befall a federal criminal defendant in the current federal district in Oklahoma. Returning to the Northern California and Western District of Oklahoma example, a prejudice against. Furthermore, some federal criminal defendants believe a fair trial is impossible in their home state due to a lack of obscurity. Screening jurors doesn’t always fix this issue either. A change in venue is a safe tool to address this issue. 

Finally, one could argue a business owner that has a continuing need to be present in their office requires a change of venue to their home federal district to avoid a loss of wages and other significant or unnecessary consequences.

If you or a loved one has been indicted with a federal criminal offense in Oklahoma, you should immediate seek an experienced federal criminal defense lawyer.  

Conclusion

Experience matters when you are facing federal indictment in Oklahoma. It is important to know the Oklahoma federal criminal defense lawyer you hire is dedicated to your cause and versed in all aspects of federal criminal defense. John Cannon, owner of Cannon & Associates is a former prosecutor and very experienced in the law and issues associated with fighting federal criminal charges. He has been recognized as a Super Lawyer and Top 40 under 40 in criminal defense. Contact Cannon & Associates to protect your rights and Fight your case. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.