Home Table of Contents

RCr 8.26 Improper venue; transfer

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII Arraignment, Pleadings, and Motions (Refs & Annos)
Kentucky Rules of Criminal Procedure (RCr) Rule 8.26
RCr 8.26 Improper venue; transfer
If it appears from either the indictment, information or evidence that the offense was committed in a county other than that in which the trial is being held, the defendant may move for a transfer of the prosecution to the proper venue. If the motion is sustained, the court shall order a transfer of the original papers including the bail bond, if any, or certified copies thereof, and any cash deposits on the bond made by the defendant to the clerk of the court of the county to which the transfer of the prosecution is made. The court also may order that the bail be continued for the defendant's appearance or that the defendant be held in custody to await his or her transfer to the county to which the prosecution is transferred by a peace officer of that county. The defendant shall be deemed to be held to answer in the court of the county in which the offense was committed from the date of the sustaining of the motion.

Credits

HISTORY: Amended by Order 98-3, eff. 3-1-99; prior amendments eff. 1-1-78, 6-19-76; adopted eff. 1-1-63
Rules Crim. Proc., Rule 8.26, KY ST RCRP Rule 8.26
Current with amendments received through January 1, 2024. Some sections may be more current, see credits for details.
End of Document