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FAQS About Being a Witness in a Criminal Case

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Criminal cases at any level are serious, as they can significantly alter the course of your life and negatively impact your pursuit of happiness. For this reason, it is important to be prepared for your criminal case by retaining a skilled defense lawyer, especially if you must testify or have witnesses at your trial. Even if you have been subpoenaed to testify in another person’s criminal case, it is wise to be prepared, as court hearings are very serious matters.

Whether testifying at another’s trial or your own, continue below to review some frequently asked questions about being a witness in a criminal case, and who to trust for aggressive criminal defense that can preserve your rights and freedoms.

Indianapolis Indiana Criminal Defense 317-636-7514
Indianapolis Indiana Criminal Defense 317-636-7514

Frequently Asked Questions About Trial Testimonies  

What To Do After Receiving a Subpoena

If you were subpoenaed to be a witness at another defendant’s criminal case, be sure to take it seriously by responding according to instructions and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge can be offended and provoked if you ignore one. As a result, the judge can take a personal interest in you and pursue penal action. The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer or have worked with a trusted one in the past, contact them and inform them of the subpoena.

How Can I Be a Good Trial Witness?

First and foremost, always be honest. Perjury is a felony, so be sure your testimony is truthful, intelligent, and non-misleading. If you are caught lying, you can face criminal charges for perjury. Furthermore, dress business casual, be on time, and maintain a calm and polite composure. Avoid using bad or offensive language, and only speak when spoken to. If you are testifying at your own trial, always take your lawyers advice and follow their instructions.

Can a Child Be a Witness in a Criminal Case?

In the case that you have witnesses at your trial, whether in support of proving your innocence or guilt, there is a possibility that it can be a child or juvenile minor. Each state has their own laws regarding child witnesses, including age requirements. From these varying laws, the common denominator is that every witness, regardless of age, must be competent and able to testify at trial. This same prerequisite applies to children. A child must be deemed to have sufficient intelligence, be able to remember and describe events, answer questions clearly, and know the difference between truth and lies.

Can I Get Immunity For Being a Witness?

Immunity is basically a “hall pass” or “get out of jail free card” for a person who is charged with or suspected of a minor crime. In exchange for vital information and testimony that will help prosecute a more high-profile criminal, a prosecutor will not move forward with charging a suspect. But, not every is offered immunity. Immunity is typically reserved for more high-profile cases and long-standing investigations. Common cases that might involve an offer of immunity include crime bosses, drug traffickers, smugglers/black-marketers, white collar fraud, sex trafficking, and similar serious crime enterprises.

Can I Be a Witness in My Own Criminal Case?

Although most criminal lawyers will recommend that you do not testify at your trial, there are times when a defendant’s personal testimony can be a good strategy for the defense. If this is the case for your own trial, there are some rules to follow. In addition to being honest with the courts and opposing lawyers during your testimony, it is equally important to do the same with your own criminal defense lawyer. They must know everything in order to build an impenetrable defense against your criminal charges. They cannot do their best to protect your interests if you are not entirely forthcoming with them about the information you have on case details.

Are you looking for an experienced and aggressive defense lawyer who won’t let you be subjected to the maximum penalties for your Indiana criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

You Might Also Read:

The Top Three Rules for Testifying in Court
The Importance of Witness Depositions in a Criminal Case
What are My Rights at Trial?

Indianapolis Criminal Defense 317-636-7514
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What To Do After Receiving a Subpoena

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Indianapolis Criminal Defense Attorney 317-636-7514

Indianapolis Criminal Defense Attorney 317-636-7514

A subpoena is a court-issued legal document that is typically received via postal mail. There are two types of subpoenas, both of which requires a recipient to provide evidence or information in court. The first type of subpoena requires a recipient to provide an oral testimony in court. The second requires a recipient to provide records and information to the court, such as documents, video recordings, audio recordings, and other forms of evidence.

Most of the time, subpoenas are issued for civil cases, such as car accidents, personal injuries, child custody, and divorces; however, it is not uncommon for subpoenas to be issued for criminal matters as well.

Were You Subpoenaed?

Now that you know what a subpoena is, you can learn how to manage yours. Do not be in fear of legal penalties when subpoenaed by the court. You will only face legal ramifications if you ignore the subpoena. Otherwise, a subpoena is simply a tool used by the justice system to gather evidence on both sides, prosecution and defense. If you received a subpoena, it is because the courts have credible suspicion that you have information relative to the case at hand.

For example, if you are a witness to a car wreck, you may be subpoenaed by the courts to provide your testimony so that the courts can establish fault. In another example, the courts may ask a husband to provide employment and payment records for the purpose of establishing an alimony agreement.

If you were subpoenaed, here’s what to do:

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer, or have worked with a trusted one in the past, contact them and inform them of the subpoena. Most often, attorneys will handle the details and requirements of subpoenas, and will inform clients of when and where to be if they need to provide testimonies in person.

If you wish to represent yourself, you must first contact the number on the subpoena, and inform the clerk that you are willing to cooperate. Then you can simply fill in the details of the subpoena, and send it in to the address provided. If you have to testify in person, simply record the date, time, and location of the court hearing so that you are in accordance with your legal obligation.

If you need to deliver a subpoena…

Sometimes, you, as a party, need to deliver a subpoena. Generally, you would hire a process server to deliver a subpoena to a recipient. Neither you, your lawyer, nor anyone directly connected to the case cannot deliver a subpoena. And keep in mind, if a subpoena is not properly delivered, it cannot be enforced. Process servers are good at finding people that are difficult to locate.

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer Indianapolis IN

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn more about subpoenas in Indianapolis, Indiana. If you are involved in a criminal matter that requires your testimony, speaking with a seasoned Indianapolis criminal defense attorney can clear up any confusion or anxiety you have about the case and the information you retain. Protect your rights when involved in a subpoena request. Call 317-636-7514 to get started today.