FAQS About Being a Witness in a Criminal Case

Posted on July 28, 2021 by admin

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.

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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?

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What You Need to Know About Receiving a Notice of Deposition

Posted on April 7, 2021 by admin

Did you just receive a notice of deposition in the mail, and you have no idea what it means or what you should do next? If so, you are just like millions of other deponents who have stood where you are standing now. There is no shame in being confused or scared about your obligation to fulfill your deposition duties. By preparing yourself ahead of time, which involves understanding what to expect and how to cooperate, you can ease the anxiety you might feel about being a testifier in a criminal court case, plus ensure a successful experience.

Continue below to learn what you need to know about receiving a Notice of Deposition, and where to find trusted criminal lawyer advice in Indianapolis, Indiana.

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Why Did You Get a Notice of Deposition?

There are a few different reasons why courts use Notices of Depositions. The most likely reasons why you have received one is because the courts want to know what you know, and/or preserve your testimony for use later on, either for the actual trial or when motions are filed with the court. The authority who sent you the Notice of Deposition wants your official testimony because they think it will help prove their case. Even if you are not a party to the case, the Indiana Rules of Trial Procedure makes it legal for the parties involved to call upon the testimony of any person within 20 days of the commencement of the case.

How to Prepare for Being Deposed

You will be asked a series of questions, and expect to answer them clearly and in detail. So, prepare mentally for this interrogation-like setting. To best prepare, you should hire a defense lawyer to help you understand what to expect and how to behave during your deposition. Furthermore, they can defend you in the case that you are wrongly targeted or cornered into doing something you are not comfortable doing.

Here are some additional tips for a successful deposition:

⚖ Be Entirely Honest. Prior to giving your testimony, you will be sworn in under oath. For this reason, you do not want to lie or embellish about anything, as you could be found guilty of perjury, which comes with a lengthy punishment sheet. Be truthful with your answers, and simply answer, “I am not sure” if you do not know the answer.

⚖ Take Your Time Answering. Do not just blurt out your answers off the top of your head. The written court transcript does not show time lapses between the question and the given answer, so you can take as much time as you need. Think carefully about your answer, and do not use “uh-huh’s” and short, one-word answers. Be throughout.

⚖ Only Answer the Given Question. You do not want to offer more information than what was asked of you. Do not volunteer extra information; only answer the question that was asked. Furthermore, only answer what you actually know. Do not try to fill-in pieces of information, no matter how arbitrary or unimportant it might seem to you. Be clear, honest, and precise with your answers.

Are you looking for a trusted criminal lawyer for help with your deposition or legal case? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation with an aggressive Indianapolis criminal defense lawyer who can defend you against wrongful prosecution.

You Should Also Read:

The Importance of Witness Depositions in a Criminal Case
The Top Three Rules for Testifying in Court
Can a Child Be a Witness in a Criminal Case?

Proper Conduct for a Trial Witness

Posted on June 19, 2018 by admin

Whether a defendant or not, if you must testify as a witness in court over a criminal matter, it is important to conduct yourself responsibly. There are several things you should and should not do as a trial witness, especially since you can be held legally accountable for your actions, or lack thereof.

Continue reading to learn what you need to know about being a good witness, including who you should trust for legal guidance and support.

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Be a Good Trial Witness

A witness in court could be an actual defendant, a field professional, or some other person somehow associated with the case. Regardless if you are facing the court as a defendant or individual witness, it is important to do your duty, respectfully and responsibly; the court and trial judge will expect this from you. If you fail to conduct yourself accordingly, you could face certain penalties, most of which are within the discretion of the judge themselves.

Here is what you SHOULD do…

Always take a subpoena seriously. Be sure to respond according to instructions, and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge will be provoked, and potentially take a personal interest in you, if you ignore one.

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, you must always be honest with your criminal defense lawyer. 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.

Always take your lawyers advice. When it comes to discovery and preparation for depositions and trial, it is important to listen to the advice of your criminal defense lawyer. They will tell you how to conduct yourself during depositions and in the courtroom. Make time for your lawyer, and be available to answer their questions and discuss the case.

Here is what you SHOULD NOT do…

Do not make an attempt at humor or charm at any time. Also, do not explain yourself too much. Simply answer the question; do not try to make the interviewer understand your answer by explaining yourself. You also want to avoid distractions so that you can pay close attention to the trial proceedings. If you are asked a question that you do not have the answer to, never take a guess. In fact, you have the right to ask for any question to be restated or rephrased so that you better understand its basis.

An Indianapolis Criminal Defense Attorney You Can Trust

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

The Top Three Rules for Testifying in Court

Posted on September 25, 2017 by admin

Criminal Defense Law Firm 317-636-7514

If you must testify in court, it is in your best interest to learn exactly what you are to expect and how to conduct yourself. You can do this by discussing testimony tips with your trusted criminal defense lawyer. They have all the information you need to feel comfortable. In terms of rules and conduct, there are several to know. However, it is good to start with the 3 primary rules that will help protect yourself on the stand.

Continue reading to learn what these are rules are and how to prepare for your testimony.

➊ Understand the Question Asked

You cannot just listen to the questions asked by the attorneys. You must really pay attention so that you can fully understand what they are asking you. There is nothing wrong taking your time to think about it, or asking the attorney to repeat or reword the question. Furthermore, it is perfectly acceptable to simply say, “I do not know.” Never guess an answer. Sometimes, attorneys can use intimidation strategies that can cause stress and confusion. They may even attempt to embarrass you by having the courtroom recorder read back their last question. Just remember, this is a textbook tactic, so do not let it affect you. For this reason, it is important that you not respond to the manner in which the questions are asked. Instead, just focus on the actual questions and do not show emotions of frustration, anxiety, or anger. Your job is to simply understand the question and answer it the best you can.

➋ Only Answer the Question Asked

You do not want to divulge too much information. When asked a question by an attorney, only answer the question itself. Do not volunteer additional information. Not only does this protect you from incriminating yourself or the parties in question, it can mix you up in a web of confusing debates. For instance, if you are asked a “yes” or “no” question, only answer with one word and nothing else. Also, never answer a question with a question. This appear evasive, combative, and suspicious. Be professional, speak in your normal tone of voice, and act natural. Do not argue or present a challenge. This will only make things harder for you.

➌ Be Honest

Your job is to answer the questions, clearly, simply, and honestly. Always tell the truth because you are under oath. If somehow you are caught being misleading or dishonest, you could face criminal charges or be held in contempt of court. If a question is about you and your conduct in the past, do not try to downplay the incident or evade responsibility. Own up to it, be remorseful, and remain honest. This will make it harder for the attorney to come after you and make their point. The discomfort this may cause you is much easier than what could happen if you are caught lying.

Additional Tips That Are Vital to Your Testimony:

☛ Be on time;
☛ Dress professionally and conservatively;
☛ Be completely sober;
☛ Avoid words like “always” and “never” because it can box you in;
☛ Talk to your criminal defense attorney for the best testimony and courtroom advice;

Indianapolis Criminal Defense Lawyer

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms.

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