"How can I be charged in that county when the incident didn’t even happen there?"
It’s a fair question and a very important one. Jurisdiction and venue are foundational principles in criminal law, but they’re often misunderstood, even by people already caught up in the criminal justice system.
Let’s break down what this means, how Pennsylvania courts handle it, and why it could matter a great deal in your case.
What Are “Jurisdiction” and “Venue”?
In criminal law:
Jurisdiction refers to the court's legal power to hear a case.
Venue refers to the geographic location where the case should be prosecuted.
In Pennsylvania, criminal prosecutions must generally occur in the county where the alleged crime took place. That’s a basic protection built into our system to keep prosecutions fair and grounded in actual facts not speculation or politics.
What If the Case Spans Multiple Counties?
Sometimes a single incident touches multiple counties. For example:
A phone call is recorded in one County, but the person being recorded is in another County, and the recording is later shared in a third County.
A stolen item is taken in one County but recovered in another County.
A conspiracy is allegedly planned in one county but carried out in another.
In those cases, prosecutors might argue that the case can be brought in any county where a part of the alleged crime occurred. But that doesn’t mean the Commonwealth gets to choose wherever it wants. The defense has a right to challenge venue when the connection is weak or purely strategic.
What Does Pennsylvania Law Say?
Under Rule 130 of the Pennsylvania Rules of Criminal Procedure, venue lies in the judicial district where the offense occurred unless an exception applies.
Key principles from case law include:
Courts must establish a “logical nexus” between the county of prosecution and the alleged criminal conduct.
Venue is not a mere technicality; it’s a constitutional safeguard.
If there’s no substantial evidence that any part of the offense occurred in the county where charges were filed, that’s a legitimate basis to move for dismissal or transfer.
Why Does Venue Matter to Your Defense?
Venue isn’t just a procedural nitpick. It affects:
Witness availability
Trial strategy
Jury pool selection
Access to local evidence and resources
In some cases, prosecutors file in a specific county to gain a strategic edge or to target a particular defendant. But the law says they can’t just shop around for favorable jurisdictions. If they do, an experienced defense lawyer should challenge it.
You May Be Able to Fight the Charges Based on Improper Venue
If you’re being charged in a Pennsylvania county where the alleged crime didn’t occur or barely occurred you may have a powerful argument that the case was filed in the wrong place.
That can mean:
A motion to dismiss for lack of venue
A petition for habeas corpus
A motion to transfer the case
But these motions need to be filed early in the process, or the opportunity could be lost.
Charged in the Wrong County? Let’s Talk
I’ve represented clients in high-stakes criminal cases across multiple counties in Pennsylvania from Luzerne and Lackawanna to Columbia, Bradford, Wyoming, and beyond. I understand how to challenge venue and when to use it as a strategic tool for the defense.
If you're unsure why you're being dragged into court in a county that doesn’t make sense, don’t assume the system is right. Let’s sit down and take a hard look at whether that court even has the legal authority to try your case.
Call my office today or use the contact form below to schedule a free consultation.
