When a criminal case draws strong opinions, intense media coverage, or community pressure, the right to a fair trial can be at risk. In Missouri, a “change of venue” is one important legal tool that exists to protect that right.
At James Law Group, we have defended clients across Missouri since 1977. We know that where a case is tried can matter just as much as what the evidence shows. We take justice seriously—and that includes ensuring our clients are judged by an impartial jury, not public opinion.
This article explains changes of venue in Missouri criminal cases, when they apply, how they work, and why they can be critical in many defenses, not just murder and other violent felony cases. Understanding the concept of change of venue is essential for anyone involved in the legal process.
What Is a Change of Venue?
A change of venue is when a criminal case is moved from one county to another for trial. The purpose is simple: to ensure the defendant receives a fair and impartial jury, as guaranteed by the U.S. Constitution and Missouri law. Despite its importance, many defendants misunderstand what it does and doesn’t do.
In Missouri criminal cases, under specific conditions, criminal defendants are entitled to a change of venue automatically. If those specific conditions are not applicable, a judge may order a change of venue when:
- Pretrial publicity has been widespread or inflammatory
- The case has divided or angered the local community
- Jurors are likely to have formed opinions before hearing evidence
- The defendant cannot reasonably receive a fair trial in the county
A change of venue does not have any other substantive effect on the case. The same judge will remain on the case, the same prosecuting attorney will handle the case, and the same witnesses will testify. It simply moves location of the trial to a different county. The only substantive difference is that the jury will be drawn from the new county rather than the original one.
Why Venue Matters in Missouri Criminal Defense
Missouri is a state where local reputation and community ties matter—especially in smaller or rural counties. News travels fast, and high-profile cases can dominate local conversations. When that happens, potential jurors often have strong opinions about the situation before they ever walk into the court house.
Even cases that do not immediately draw local attention can benefit from a change of venue. In small counties where locals may already have strong thoughts about the defendant, his family, the prosecutor, and others directly involved in the case, it can be difficult to get a fair jury event if they know nothing about the specific case.
When jurors already believe they know what happened, the presumption of innocence is at risk. This is especially true in cases involving:
- Murder or homicide
- Sex Crimes
- Child abuse
- Police officers or former law enforcement defendants
- Highly emotional allegations
Sometimes local events or history can also factor into the decision to seek a change of venue. A good example is Audrain County, Missouri and police chases.
In 2015, Trooper James Bava attempted to make a traffic stop on a motorcycle going over 100mph. Trooper Bava died in a one-car accident while attempting to catch up to the motorcycle. The prosecutor charged the motorcyclist with running from Trooper Bava (as opposed to just driving fast), causing the Trooper’s death. But, the driver was found not guilty of those charges.
In that case, a change of venue was taken because of the intense media attention and highly charged emotions over the case. But, the memory of that case continues to resonate with the local residents. As a result, defendants often seek to move cases involving police chases (particularly involving motorcycles) to a different venue where the jury pool would be less likely to have strong emotions about those kinds of accusations.
In these situations and others, a change of venue can be the difference between a fair trial and a foregone conclusion.
Missouri Law on Change of Venue
Missouri law allows a defendant to request a change of venue under Missouri Supreme Court Rules 32.03 or 32.04 and related statutes.
Under Supreme Court Rule 32.03, a defendant is entitled to a change of venue as a matter of right in some situations. Put another way, under certain situations, the judge must grant the defendant a change of venue. The conditions that entitle a defendant to a change of venue by right are:
- cases with a right to trial by jury (a change of venue is pointless if there isn’t a jury);
- the county that filed charges has fewer than 75,000 residents; and
- defendant files a written request to change venue within ten days of the initial plea
Under Supreme Court Rule 32.04, a court may grant a change of venue “for cause” if the defense shows:
- that the inhabitants of the county are prejudiced against the defendant;, or
- that the state has an undue influence over the inhabitants of the county.
- A written application must be filed not later than ten days after the initial plea.
- Unless the state consents to the change of venue, the court hears evidence to determine the issues.
In rare occasions, defendants can achieve a change of venue through specific procedures outlined in R.S.Mo. 545.490. Under that statute, a defendant is entitled to a change of venue for cause if:
- The county has a population of less than 75,000; and
- the defendant can produce five affidavits from credible disinterested citizens residing in different neighborhood of the county attesting that the defendant cannot receive a fair trial in the county
Under those circumstances, the court must grant the change of venue even if the defendant did not request the change of venue within ten days of the initial plea. This provision also applies even if there has previously been a change of venue.
What Happens After a Change of Venue Is Granted?
When a Missouri court orders a change of venue:
- The case file is transferred to another county
- Pre-trial hearings may be heard at either location
- The case proceeds with the same prosecutors, police, and judge.
- At trial, the jury pool is selected from the new location
- Trial proceeds under the same charges and law
The only change that effects the case is that the jury pool will be drawn from the residents of the new county.
Isn’t Jury Selection supposed to get a fair jury?
The process of “picking” a jury is designed to ensure that the jury who actually hears the case is fair and impartial. It is entirely possible, under the law, to obtain a fair jury in cases that have received publicity or even where jurors have heard something about the case before the trial. Jury selection has limits, however.
If most jurors in a county already know the case—or already believe the defendant is guilty—jury selection becomes damage control rather than a way to eliminate bias. Moreover, the test for jury impartiality is whether or not the prospective juror can be fair. Although the court mostly relies on people’s word about their ability to be fair, many people simply can’t admit that they can’t be fair.
As a result, people who believe they can be fair are often allowed to be on a jury despite obvious reasons to think the juror may not be as neutral as they want to believe. For instance, jurors who are have been the victim of the same kind of offense that the defendant is charged with are not removed as jurors so long as the person says they can be fair in this case., such that a person charged with a DWI could legally have a juror deciding their case who lost a child to a drunk driver.
When there is reason to be concerned that too many people in the county would come into jury duty with predetermined beliefs or emotions about the people involved, the specific case, or the type of case in general, a change of venue addresses that bias before jury selection begins.
A Local Perspective: Venue Issues
Changes of venue can be especially important in small counties in rural Missouri. James Law Group represents clients in throughout Missouri where a change of venue by right is available. That means the defendant can obtain a change of venue just by demanding one in the first ten days after an initial plea. Such counties where James Law Group frequently handles criminal cases include:
- Lincoln County
- Callaway County
- Camden County
- Pettis County
- Warren County
- Marion County
- Audrain County
- Saline County
- Pike County
- Cooper County
- Macon County
- Montgomery County
Each county has its own jury culture. Arguments and defenses can sometimes be more likely to succeed in one county versus another. For instance, some counties may have had recent corruption rumors or other distrust of local police that can make the locals open to believing local officers may be willing to fudge the truth or have an improper motive. In other counties, such arguments might just upset locals who know/trust in their police force. Understanding these local dynamics is part of effective criminal defense and is a crucial in making change of venue decisions.
Missouri doesn’t allow for that change for venue by right in larger counties, reasoning that having enough people in the county reasonably ensures an unbiased jury. Such counties include:
- St. Louis County
- St. Charles County
- Boone County
- Jefferson County
- Franklin County
- Cole County
There, a change of venue is only available by convincing the judge through evidence that media coverage or other factors will prevent the defendant from getting a fair trial. Generally judges require very strong evidence of bias and only grant a change of venue “for cause” in the most extreme circumstances.
Why Experience Matters in Venue Motions
A change of venue motion, even when available automatically, is not a mere formality. The decision requires:
- Legal knowledge
- Strategic judgment
- Local knowledge
When the only way to change venue is by convincing the judge of local bias against the defendant, making the strategic decision is not enough. The defense lawyer must also be able to persuade the judge through:
- Legal research
- Preparation and investigation
- Supporting evidence
- Clear and convincing arguments
- Credibility with the court
At James Law Group, we have handled serious criminal cases for decades. We know when venue is an issue—and when it is not. More importantly, we know how to act decisively when a client’s right to a fair trial is at stake.
“We take justice seriously. That means protecting our clients’ rights at every stage—starting with where their case is heard.”
Frequently Asked Questions
Can you request a change of venue in Missouri criminal cases?
Yes. Missouri law allows defendants to request a change of venue automatically in some cases. In all cases, defendants can obtain a change of venue when local bias or publicity threatens a fair trial.
Is a change of venue common in murder cases?
Yes, at least compared to other kinds of cases. Murder cases often involve publicity and emotional community reactions, making venue changes more likely in cases where the defendant isn’t automatically entitled to one.
Does a change of venue help the defense?
In some cases, but not all. A fair jury is essential. Venue changes because of local media coverage or bias ensure a fair trail and a fair trial certainly “helps” a defendant compared to an unfair trial.
In other cases, where the defendant could obtain a change of venue by right, the new location isn’t automatically better for the defendant. In many such cases, presumably, the change of venue neither helps nor hurts the defendant. In some cases, a change of venue could potentially leave the defendant in a worse position.
Consider Audrain County, where many residents have strong opinions about police chases. If a defendant charged with fleeing a traffic stop in Montgomery County, Warren County, or a nearby county requests a change of venue and the case is moved to Audrain County, that decision may ultimately work against them.
Does the prosecutor change after a venue change?
No. The same prosecutor’s office handles the case.
Final Thoughts
A change of venue has the potential to shape the entire outcome of a criminal case. It is not about avoiding accountability—it is about ensuring fairness.
If you or a loved one is facing serious criminal charges in Missouri, you need a defense team that understands both the law and the landscape.
James Law Group has stood for justice since 1977.
We are proud to serve clients across Missouri—and we take that responsibility seriously.