What is the burden of proof against a criminal defendant seeking a change of venue?

California, United States of America


The following excerpt is from People v. Bonin, 250 Cal.Rptr. 687, 46 Cal.3d 659, 758 P.2d 1217 (Cal. 1988):

Finally, as the moving party the criminal defendant seeking change of venue bears the burden of proof. (See People v. Boyce (1982) 128 Cal.App.3d 850, 856-859, 180 Cal.Rptr. 573; People v. Whalen (1973) 33 Cal.App.3d 710, 716, 109 Cal.Rptr. 282.)

Other Questions


Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the effect of section 954 of the California Criminal Code when a defendant seeks to consolidate charges against him against two different defendants? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
Is there any case law where a defendant relied upon the law of the contrary rule when seeking a change of venue? (California, United States of America)
Can a criminal defendant be punished more than once for the same criminal act or for a series of criminal acts? (California, United States of America)
Does a defendant who seeks a finding of mental incompetence bear the burden of proof thereon? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
When can a criminal defendant seek relief from the present application of a criminal statute or ordinance on constitutional grounds? (California, United States of America)
Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.