Criminal Defense Lawyers

How to Transfer Your Criminal Case Out of Queens County

How to Transfer Your Criminal Case Out of Queens County

If you have been charged with a crime in Queens County, New York, you may want to consider transferring your criminal case out of the county. There are a few reasons why transferring your case could benefit you:

Venue May Be More Favorable

Every county has its own judges, prosecutors, and jury pool. The venue where your case is heard can impact how your case proceeds and the outcome. Queens County is known to have tough prosecutors and judges compared to some other counties. Transferring your case could move it to a venue that may rule more favorably for defendants.

Reduce Publicity and Media Attention

Queens County is in New York City and cases there tend to get more media coverage than cases in smaller or more rural counties. If your case has garnered public attention that could bias potential jurors, moving it could help reduce that effect. Less media coverage can benefit you when picking a jury.

Location More Convenient

If you live far from Queens County, travelling there for every hearing can be burdensome and expensive. Transferring a case to a county nearer your home can save you time and money associated with travel. This may allow you to have more in-person meetings with your lawyer as well.

How to Request a Transfer of Venue

There are a few ways you can attempt to get your criminal case moved out of Queens County to another jurisdiction:

File Motion to Change Venue

Your defense lawyer can file a formal motion with the court in Queens asking for the case to get transferred. Reasons to cite include:

• Pre-trial publicity making it hard to find impartial local jurors
• Location convenience for you and witnesses
• Demographic makeup of another county’s jury pool may differ

The prosecutors may argue against this motion if they want to keep the case in Queens. The judge will decide if a transfer is warranted.

Request Case Consolidation

If you have charges pending against you in multiple counties, your lawyer can request to consolidate them into one case heard in a single venue. For example, if you have a case in both Queens and Nassau County, the judge may agree to combine them and your lawyer can ask that Nassau be the trial venue.

Assert Right to Speedy Trial

The 6th Amendment gives you a right to a speedy trial. If Queens County cannot give you a trial date soon, your lawyer can argue the case should get moved to a county with an earlier available court date. This can prompt a change of venue.

What Counties Are Options for Transfers?

Common options to transfer a criminal case out of Queens County include:

• Adjacent Nassau County and Suffolk County on Long Island
• Westchester County just north of NYC
• Rural upstate counties like Albany County

It’s best for your lawyer to suggest transfer counties where local laws, judges, and juries may give you an advantage over remaining in Queens.

Will Transferring Delay My Case?

It depends. Requesting a change of venue early in your case, such as at your arraignment, likely will not cause much delay. The new county can pick up where Queens left off.However, if you request a transfer just before trial when Queens has done months of preparation, it could significantly postpone your case. The new venue needs time to get up to speed, which could take weeks or months.In deciding whether to seek a change of venue, weigh if the benefits outweigh potential delays. Your lawyer can help with this analysis.

Working with a Local Criminal Defense Attorney

If you face criminal charges in Queens County, consulting with a local defense lawyer is highly recommended. Some key questions to ask prospective attorneys include:

• Do you think my case merits requesting a transfer out of Queens County?
• What counties would you suggest transferring the case to and why?
• How would transferring venue impact the timing of my case?

An experienced NYC area criminal lawyer will know the pros, cons, and process to try to transfer your case from Queens County to another jurisdiction. They can file effective motions and argue persuasively before judges to get your case moved if that is the right strategic decision.Transferring venue of a criminal case requires knowledge of local courts and laws. Working with a lawyer intimately familiar with the Queens County justice system is key. They will know how processes, personalities, and legal precedents differ across counties to pick the best potential alternative venue.

Additional Resources

For more information on transferring criminal cases out of Queens County, some useful online resources include:

• How New York Venue Transfers Work
• New York Venue Change Motions Explained
• Strategic Reasons for a Venue Change

Transferring your criminal case from Queens County to another jurisdiction in New York can be complex. Speaking with an experienced local defense lawyer is highly recommended to explore if a venue change could benefit your case. They can advise you on the process and viability of such a request.