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Venue in Federal Criminal Cases: A Strange Duck
From the defense perspective, it is preferable to be prosecuted in the defendant’s district of residence. David Spears discusses (1) how to identify improper venue, (2) the time when counsel must raise a venue defense, (3) getting a venue defense before a jury, and (4) the venue right and double jeopardy. A good venue argument can be an important strategic tool before and after indictment, and a venue defense can upend nearly completed trial proceedings or overturn a conviction on appeal.