Can we transfer my sons criminal case closer to our home?

As you read this response, please bear in mind that this is a public forum on a website, and that this answer does not create an attorney-client relationship, nor is it legal advice; it is simply an answer to a question asked in a public forum. Because it is a public forum, nothing said on this site is confidential or covered by privilege. As with anything in the law, there are exceptions to every rule, and you need to consult an attorney in your area for the best answer. Also, because of regional differences in practice, even within a state, what works in one area may not work in another.

Each jurisdiction is a bit different, but the general idea is that when someone comes to an area (state, county, city, precinct, etc.), he agrees to abide by the law there, and if he does not, then he has consented to being prosecuted wherever he was alleged to have violated the law--and he has to come back to answer the charges if he lives elsewhere. Since this supposedly happened in County X, the citizens of County X are thought to be in the best position to decide whether an offense was committed there and, if so, what punishment is appropriate, within the guidelines set out by the legislature. It was these citizens who were supposedly deprived of a law-abiding community, so it is theirs to deal with the person who so deprived them. This is why a Defendant has almost no say in where his case is prosecuted.

But that works both ways, and is also a serious protection to Defendants against arbitrary government acts. The requirement that you be tried in the county (or in federal court, the district) in which the crime allegedly occurred means that a person who lives, works, and has never left Georgia cannot be forced to go (or be carted off) to California to defend himself on charges that he broke the law in Georgia.

There is a provision in Federal law allowing for the transfer of venue to the District in which the Defendant lives, but only in cases where the Defendant is entering a guilty plea. If, after the case is transferred, the Defendant decides to fight the charges (even if just for leverage to get a better deal), the case is transferred back to the District where the alleged offense happened. Texas does not have such a rule, but I do not know about Georgia. This is something you will want to consult with a Georgia attorney about.

As for the lease, it will depend on the lease and the landlord. I've never seen a lease that will, within the contract, let you out for free--the point of having the lease is that the landlord can count on the income. But many landlords, especially those in college towns where there may be available tenants to take on the apartment, will work with you. At the very least, he should be willing to let you out of the lease if you can find a replacement tenant for him. You may have to cover his make-ready costs, but it beats buying out a year-long lease.