Chicago, IL asked in Criminal Law for Illinois

Q: Can you change venues weeks before trail about to start from state to state?

Illinois state citizen charged with felony crime in South Dakota wants to change venues to Illinois the state they reside in. Can this happen also will the charges be the same? How will the case be handled?

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3 Lawyer Answers
James G. Dimeas
PREMIUM
James G. Dimeas
Answered
  • Criminal Law Lawyer
  • Schaumburg, IL
  • Licensed in Illinois

A: No. You cannot move a criminal case from one state to another state when you are charged with a state crime. You should talk about what change of venue is with the lawyer that is representing you in the criminal case.

Juan Ooink agrees with this answer

Juan Ooink
Juan Ooink
Answered
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: No, this is not a civil case. Criminal cases are heard in the State and County where the offense occurred. On very rare occasions, an offense could be tried in a different county of the same state where it occurred but this is extremely rare. The Defendant really should be speaking with their attorney in South Dakota.

William Wolf
William Wolf
Answered
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I am assuming by your quesiton that this is a South Dakota State charge. Not a federal charge.

The answer is no. The State of Illinois has absolutely no jurisdiction over anything that supposedly happened in South Dakota.

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