Can I Get Arrested For My Friend’s Drugs?

Posted on August 7, 2020 by admin

Let’s say you were at your friend’s apartment, and the cops are called. If your friend has drugs there, do you think you would get in trouble for them too? Well, it could happen. The crime is known as being in a “place of common nuisance”, and you can be arrested for it just for being near someone who has possession of drugs or narcotics.

Continue reading to learn more about what it means to be in a place of common nuisance, and what you need to do if you are ever faced with the criminal charge in Indiana.

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A Place of Common Nuisance

A place of common nuisance is any private property where illegal activity is taking place. This can be a house, boat, vehicle, apartment, hotel room, or any other private residence. The most frequent crimes that occur in a place of common nuisance include the consumption and selling of illegal substances and paraphernalia. This includes street drugs, stolen merchandise, firearms, and medication.

Visiting a Common Nuisance

Anyone person that knowingly visits a place of common nuisance is committing a crime, and if caught, can be charged with “visiting a common nuisance.” Here’s an example of a situation where a person can be arrested and charged with this crime, without actually taking part in the illegal activity:

Rachel is on vacation in New York City with her best friend, Ann. While out on the town celebrating, they meet a group of guys who invite them back to their place for a drink. When the girls walk into the apartment, they immediately notice some guns on the counter, and some drugs laying out on the table. They decide to stay and have a few drinks, even though they do not like guns or use drugs. After a few drinks, the guys start smoking marijuana and the cops get called. Even though Rachel and Ann did not partake in the marijuana usage, and do not own the guns, they can be arrested and charged for visiting a common nuisance.

Maintaining a Common Nuisance

If a person allows someone, or a group of people, to use drugs or partake in illegal activity in their own home or vehicle, they can be charged with “maintaining a common nuisance.” For instance, if a girl lets her friend shoot up heroin in her apartment, she could be arrested and charged with this crime. The same applies to parents who allow their children to drink underage or use drugs in their home.

Get a Plan in Action for Unbeatable Criminal Defense for Drug Crimes in Indiana

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your drug possession charges in Indianapolis, Indiana. He will stop at nothing to protect your rights and preserve your freedoms after being charged with possession or place of common nuisance. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Is it Illegal to Insult a Cop?

Posted on August 4, 2020 by admin

If a person insults a police officer, can they be cited, detained, arrested, or charged with a crime? Continue reading to find out what might happen after insulting a cop to their face in Indiana.

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What Happens After Insulting a Police Officer

Would you dare insult a cop? Flip them off, call them pigs, or even scold obscenities that can be construed as threats of violence? Well, we hope you would not, because it can in fact get you in trouble, depending on certain factors, and of course, how thick skinned or tolerant the cops are. So, although it is not technically illegal to insult a cop, there are some circumstances in which certain kinds of insulting remarks or behaviors can land a person in court.

The Middle Finger

The middle finger has been a long-known pejorative gesture that is meant to imply insult. By flipping the bird to a police officer, you are not breaking the law. You are, however, putting yourself in the spotlight. Cops might decide that your vulgar attitude and bold behavior are indicative of public intoxication, disorderly conduct, suspicious behavior, or something else they can stop you and question you about.

Slurs and Name Calling

Calling a cop a name, such as pig, rent-a-cop, or curse word, or ridiculing their authority, is also not considered criminal activity worthy of an arrest and conviction. In fact, there have been several instances in which local and state laws have been struck down in court; laws that allowed cops to arrest someone for “verbally challenging” them with insults just like these. However, insulting a cop with vulgar name calling or deriding their authority can provoke them, and lead to you being stopped and questioned. Although it might not end in an arrest, it will take a lot of time out of your day, and being in the hot seat is very uncomfortable. Furthermore, if you are combative or uncooperative, the cops can arrest you for disorderly conduct. So, be careful starting a fight with a cop because they almost always win, at least until court.

Fighting Words

As for more severe insults, like the F-bomb and similar aggressive insults, these can be deemed verbal challenges, or “fighting words”, which can lead to an arrest for disturbing the peace or threatening a police officer. For example, telling a cop “F-YOU” is considered violence-inciting.

Call an Indiana Criminal Defense Lawyer if You Get in Trouble With Cops

If you get in trouble with the cops for disorderly conduct or disturbing the peace, you need a licensed Indianapolis criminal defense lawyer working on your case right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Can My Civil Case Lead to Criminal Charges?

Posted on July 24, 2020 by admin

Most people wouldn’t think that entering into a civil lawsuit or mediation would wind up with them facing charges in criminal court, however these scenarios do happen. Continue reading to learn when, and what you should do if your civil case leads to a criminal one.

Civil Court

Small claims court, also known as civil court, deals mostly with civil cases disputing small amounts of money. Civil law is the area of the American legal system that manages disputes or wrong-doings between private parties. A common example of such cases involves property damage, family law and divorce cases, disagreements over property ownership, breach of contracts, landlord cases, wrongful terminations, personal injuries, and similar legal matters.

The dollar limit that defines a small claim is $6,000 or less. However, in Indianapolis, the cap is set at $8,000. Suing for more than these amounts in Indiana will require you to go through a different court system. In most cases, small claims court proceedings are speedy, uncomplicated, and inexpensive. They are also quite informal, so you do not need professional legal counsel, nor extensive knowledge of the law or statutes governing your case.

Criminal Court

There are two primary types of criminal courts in the United States, state courts and federal courts. Of course, within those include appellate courts, district courts, and so on. State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

When Civil Turns Criminal and Vice Versa

in most scenarios, criminal cases can lead to civil cases. For instance, if Dave punches a guy in a bar, he can be arrested under assault charges, which is a criminal case. If the victim suffers extensive injuries, perhaps a fractured jaw, broken teeth, or permanent scarring, they can choose to file a claim against Dave in civil court to recover compensation for his damages and losses, such as medical expenses and lost wages.

In the opposite scenario, there are times when a civil case can lead to a person being indicted on criminal charges. For example, if Tina files a restraining order against her ex-boyfriend, Jed, but if he violates that order, the civil restraining order case remains, plus he can face criminal charges for violating a protective order.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Do I Have to Consent to a K9 Sniff Search?

Posted on July 20, 2020 by admin

In the criminal defense field, defendants always have questions and concerns regarding the legalities of open-air K-9 dog sniff searches. The truth of the matter is, K-9 dog sniff searches do take place, and often enough. Moreover, the facts surrounding these stops and searches are complex and ambiguous. The specifics of every traffic stop and dog sniff case are factually different. For this reason, it is imperative to consult an experienced criminal defense attorney for a better understanding of the law and how it pertains to your case.

Continue reading to learn when and why a cop can perform a K9 dog sniff search, and what you need to do if facing criminal charges as a result.

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Police K-9 Searches

K-9 dog sniff searches most often take place during a routine traffic stop. The legal standard for an officer’s right to pull a motorist over is vague. Essentially, law enforcement can stop a driver for almost any reason, so long as they have “good faith” or “a strong belief” that a motorist has committed a traffic violation. If later it is discovered that no traffic violation actually occurred, the police officer still had the right to make the stop. However, if it is discovered that the officer stopped the motorist for invalid reasons, anything found in or around the vehicle is suppressed in court and cannot be used against the motorist. This is why a criminal defense lawyer will initially ignore the legitimacy of the dog sniff search, and first determine if the original traffic stop was valid to begin with.

When a defendant wants to prove the unconstitutionality of an open-air dog sniff search during a routine traffic stop, they must prove two facts in a court of law: 1) There was no reasonable suspicion of criminal conduct taking place that would have validated prolonging the primary reason for the stop, and 2) once the original reason for the stop was completed, they were detained for an unreasonable amount of time in order for law enforcement to carry out the open air k-9 search.

If an officer pulls a motorist over for a minor traffic violation, issues a ticket for the infraction, and completes the process for such a stop, they have no further reason to detain the person any longer unless they have reasonable suspicion that other crimes are afoot. For example, if the officer discovers a warrant for their arrest, or a suspended license, they have the right to take more time to investigate further. But if the warrant check comes back clean and everything else is good, and the motorist is already issued a ticket for the original reason for the stop, law enforcement cannot detain the driver any longer. On the other hand, if a warrant-less K-9 sniff is performed during the original stop, and before the officers’ duties of the stop are completed, the search and seizure procedures are NOT in violation of a motorists’ constitutional rights.

Talk to a criminal defense attorney for a complete understanding of your traffic stop and resulting criminal charges. You have a stronger chance at dismissing or reducing your charges with the help of a seasoned legal defense team.

An Indianapolis Criminal Defense Law Firm at Your Service

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indiana. Our Indianapolis criminal defense law firm offers free initial consultations for anyone who wishes to discuss their recent criminal charges. If you have past convictions, we are also well-versed in Indiana expungement laws and provides criminal record expungement services starting at $850. Call 317-636-7514 to make an appointment today, and get started building an impactful defense against your Indiana criminal charges.

What are the Different Phases of a Criminal Case?

Posted on July 15, 2020 by admin

The criminal prosecution process is just that; a process that unfolds itself in a series of consecutive phases. If you are facing criminal charges, you will soon become a part of this predictable procession of events. Continue reading to learn the basic stages of a criminal case, starting with the arrest. This information can help prepare you for what’s to come, as well as, give you the knowledge you need to starting building a strong defense.

Arrest

An arrest is the very first phase in the criminal prosecution process. A person can be arrested physically, or issued an arrest warrant in which they would have to legally surrender to authorities within a specified period of time. Once a person surrenders to an arrest warrant, they are then physically arrested and booked into the jail where they will await their arraignment.

Arraignment

The next stage in the criminal prosecution process is the defendant’s first court hearing, also known as an arraignment. During this court appearance, the judge reads the defendant’s charges, and asks them to enter a plea of “no contest”, “guilty”, or “not guilty.

Although most criminal prosecutions come to an end once a defendant accepts a plea deal, or plea bargain, there are several criminal cases that go to trial and beyond. When a plea bargain is accepted, the defendant agrees to plead guilty to the criminal charges. In exchange for their guilty plea, the prosecutor typically offers a reduced conviction or sentence. See our blog, “Is a Plea Bargain the Same as a Plea Deal?” to learn more about plea deals.

Also during the arraignment, the judge generally addresses bail and schedules future court dates. Many arrestees are granted bail, and can post their bond. Some are required to stay in jail until the criminal case is over.

Preliminary Hearing or Grand Jury Indictment

For federal criminal cases, charges are brought forward with a grand jury indictment. Most often, criminal charges are brought forth by a “bill of information” obtained by a preliminary hearing, also known as a preliminary examination. On a state level, either method can be used at the state’s discretion. Both types of hearings are held for the purpose of establishing the existence of probable cause, and for both parties to make their arguments.

Pre-Trial Motions

Pre-trial motions are used by both parties to resolve any lingering issues, as well as, determine the evidence and testimonies that will be admissible during trial.

Trial

The trial is the heart of the criminal prosecution process. At a defendant’s trial, the judge (or jury) will hand down a verdict, finding them guilty or not guilty. In order to be handed down a guilty verdict, the prosecution must prove, beyond a reasonable doubt, that the defendant is guilty of the purported crime or crimes. If a defendant chooses a trial by jury, and the jury cannot reach a unanimous decision, the judge will determine it to be a mistrial. In the case of a mistrial, the charges will be dismissed, or a new jury will be appointed.

Sentencing

After a defendant is found guilty at their trial, they will be scheduled a new court date to receive their sentencing. Sentences are the penalties ordered to the guilty party, such as probation, jail time, fines, community service, and more.

Appeal

The last step of the criminal prosecution process does not always take place. If a defendant wishes to fight their conviction, and get it turned over, they must have their legal team file an appeal. Their appeal will be addressed in a new hearing by a higher court, known as appellate court.

Hire a Skilled Criminal Defense Attorney in Indiana Right Away to Fight Your Charges

If you do not already have a licensed Indianapolis criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

FAQS About Felonies, Misdemeanors, and Infractions

Posted on June 24, 2020 by admin

Whether on a state or federal level, all crimes fall under one of three categories of offenses. Each category differs in severity of crime, level of punishments, and much more. We are talking about felonies, misdemeanors, and infractions. Regardless of the particular legal matter you are facing at the moment, it is in your best interest to educate yourself on what your charges mean, and what’s at stake in terms of your freedom.

Continue below to review some of the most frequently asked questions and answers about these 3 categories of offenses, and what you should do if you were just arrested for a crime.

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What is a Felony?

A felony is any crime on a federal level that is punishable by more than 1 year in jail, and up to $10,000 in fines, but can also include a long list of additional penalties. Level 6 felonies are the least serious of all felonies, while Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses and sits in its own category.

What is a Misdemeanor?

A misdemeanor is a step down from a felony in terms of seriousness, but nonetheless, still very serious. They are state-level crimes that are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Misdemeanors are punishable by up to $10,000 in fines, and up to 1 year, so those convicted will not be sentenced to longer than 12 months in jail.

What is an Infraction?

Infractions are the lowest level of crimes among the three categories. Therefore, they are the least serious and come with less severe penalties. Most often, infractions are penalized in the form of fines, which can range in price depending on several factors, mainly the subject matter of the offense. Examples of common infractions including parking and speeding tickets. In some states, infractions are not even adjudicated in criminal court, and instead, considered a civil matter.

What is a Wobbler?

A wobbler is an offense that is on the border of two categories of crimes. For instance, a Class C misdemeanor can wobble on the border of an infraction, and often times, is reduced to such. The same applies to Level 6 felonies, which can be reduced to a Class A misdemeanor, therefore, making it a “wobbler,”

Do I Need a Lawyer for an Infraction?

Often times, infractions can simply be paid off at the courthouse or local county clerks’ office. For this reason, there is usually not a need for professional counsel. Unless you are facing several infractions at once, or your infractions are false accusations, you likely do not need to hire a lawyer. You can, however, still seek out professional advice from a lawyer before managing your infractions.

What are the Penalties for a Felony Conviction?

Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense. Level 6 felonies are punishable by up to 3 years in prison and up to $10,000 in fines. Additional penalties include parole, probation, community service, rehabilitation, community victim panels, and more.

What are the Penalties for a Misdemeanor Conviction?

Misdemeanors are punishable by up to 1 year in county jail and up to $10,000 in fines. They are commonly ordered with additional penalties, including probation, community service, restitution, victim impact panels, rehab, drug and alcohol classes, and more.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

How Your Sentence Will Be Determined as a Defendant Facing Criminal Charges

Posted on June 16, 2020 by admin

When it comes to facing criminal charges, the most important factor is the skill and expertise of your defense. In fact, this is exactly why it is vital to retain a private lawyer, rather than a public defender. However, your lawyer is not the only factor that matters. Courts, namely judges, rely on several factors to help them determine what a defendant’s sentence will be. If you are currently awaiting an upcoming court hearing for a recent arrest, this information should be at the top of your priority list.

Continue reading to how judges base their rulings in criminal court, and the one single task you can do to avoid the maximum penalties for your criminal charges.

Levels of Criminal Charges and Wobblers

In Indiana, all crimes can be categorized into three types of offenses: Felonies, misdemeanors, and infractions. Felonies are divided into 7 categories in Indiana, from Level 1 to Level 6, and Murder. Level 6 felony crimes are the least serious type of felony, and are commonly referred to as “wobblers” since they can most often be reduced to Class A Misdemeanors. Similarly, Misdemeanors are divided into three “classes”, from Class A Misdemeanors, being the most serious, to Class C Misdemeanors, the least serious. Just like Level 6 Felonies, Class C Misdemeanors can also be wobblers.

Aggravating and Mitigating Circumstances

So, how does a judge decide whether to “wobble” a charge or not? As mentioned before, there are several factors they will consider when making this decision. These factors are known as aggravating and mitigating circumstances. Aggravating circumstances are elements of a crime that make the offense more atrocious, or worse in the eyes of the public. Mitigating circumstances are elements of a crime that, in some way, minimize the severity of the offense when compared to other similar crimes.

There are also statutory and enumerated circumstances that judges will look at when deciding on an ultimate sentence for a convicted criminal. Let’s discuss statutory and enumerated circumstances in an upcoming blog, so be sure to check back soon!

Where to Get Trusted Indianapolis Criminal Defense and Legal Advice

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges. Here at The Law Office of David E. Lewis, we are ready to be your number-one advocate through this difficult time in your life. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction.

Important Laws That Pertain to Parents of Teenagers

Posted on May 18, 2020 by admin

With the growing technologies and social media platforms of today’s world, parenting a teenager is much different than it used to be. Then of course, you add in the fact that they are driving, hanging out with diverse groups of friends, and gaining a sense of individuality, all at the same time. All of these factors invite the possibility of certain risk. For this reason, as a parent or legal guardian of a minor between the ages of 12 and 17, there are some important laws that you must know and adhere to, in order to remain protected against certain liability and danger.

Continue reading to learn some vital laws that pertain to parents of teens.

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Underage Drinking Parties

You can be arrested if your teenager is caught throwing a drunken party and drinking alcohol on your property, whether you gave them permission or not. It is your legal responsibility to supervise minors and prevent them from breaking the law. You could be charged with Reckless Supervision, Contributing to the Delinquency of a Minor, and more. The same legal principles apply to teens smoking cigarettes or e-cigarettes, and doing drugs.

Kicking Your Teens Out of the House

Virtually all states prohibit parents and legal guardians from kicking their teenagers out of the house as a permanent arrangement. Unless a teenager is legally emancipated at 16 or 17, most states consider this act a crime of legal abandonment, and those found guilty can face convictions of child abuse and neglect of a dependent. If a child runs away, parents are still legally required to care for them and get them back home. If a teen runs off and joins the army, they are automatically emancipated, and parents face no legal consequences.

Car Accident Liability

If you allow your teenager to drive your vehicle without proper permits or licensing, you can be arrested and charged with the same types of charges for kicking your teen out of the house, including child neglect. Furthermore, if your teen gets in a car accident and injures another driver or their passengers, you can be held liable in civil court for their damages and losses.

School Attendance and Truancy

Teenagers get to a certain age in which they feel more independent and empowered. In such cases, they may begin to refuse to go to school or show up for class on time. But as a parent or legal guardian, you must do everything in your power to get your child to school, on time, and regularly, otherwise, you can be in violation of local and state school policies if your teen exhibits habitual truancy.

Facing Similar Child Neglect Charges in Indiana?

If you do not already have a licensed Indiana child abuse criminal defense lawyer working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Indiana child abuse or reckless supervision charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you.

Frequently Asked Questions About State and Federal Crimes

Posted on May 8, 2020 by admin

There are two main levels of judicial court in the United States: Federal and State. Although the two courts are much different from one another, there are several key similarities too. If you are currently facing criminal charges, you need to know what state and federal court does, and how it might impact your case. Below, you will learn some fundamental information about state and federal offenses, including how to avoid the maximum penalties for your misdemeanor or felony charges.

How Does Federal Court Differ From State Court?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress.

What are Federal and State Crimes?

Federal crimes are more serious than state crimes, and generally come with heftier fines and penalties, including jail time. In fact, a felony crime is one that is punishable by up to one year in a federal prison. Felonies are divided into 7 categories in Indiana: Level 1, Level 2, Level 3, Level 4, Level 5, Level 6, and Murder. Each level of felony is assigned a separate statute regarding penalization.

State crimes are those that break laws set by and enforced by the state. They are referred to as “misdemeanors”, which are lesser offenses compared to felonies, but still serious crimes that come with harsh penalties and life-long consequences. Misdemeanors are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors.

What are Some Common Types of Federal Offenses?

Federal offenses are very serious. Some common examples include arson, bank fraud, healthcare fraud, mail fraud, car theft, identify theft, carjacking, kidnapping, civil rights offenses, drug trafficking, drug dealing, armed robbery, firearms offenses, assault and battery, sexual assault, child molestation, hate crimes, homicide, and murder.

Should I Hire an Attorney to Represent My Criminal Case?

The best step you can take toward securing your rights and protecting your freedoms when charged with a crime is to hire a licensed criminal defense lawyer to represent your case, whether you are facing a felony or misdemeanor conviction. Without the representation of a skilled criminal attorney, you greatly risk being sentenced to the maximum levels of punishment for your crime. That includes doing time in jail, which can greatly affect your employment, schooling, childcare, and more.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how you can beat your Indiana criminal charges with aggressive defense. Attorney David E. Lewis is your solution to reducing your sentence, and protecting your freedom. If you want to avoid the maximum penalties for your criminal charges, it is important to let our skilled legal teams build an impactful defense that will sway the decision of the courts. Our Indianapolis criminal defense law firm offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

The Importance of Witness Depositions in a Criminal Case

Posted on April 29, 2020 by admin

One of the most important strategies to be skilled at as a criminal defense attorney is attacking the prosecution’s case against their client. After all, the whole purpose of hiring a private defense lawyer is to avoid the maximum charges and penalties. One way a skilled criminal defense lawyer will do this is through witness depositions. As someone facing criminal charges, you might not think twice about the influence and effect of your case’s depositions. But the truth is, they are vital to the overall protection of your rights and preservation of your freedoms.

Continue reading to learn some facts about depositions, including why they are so important in a criminal case.

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Testimonial Evidence

There are two main types of evidence submitted in a criminal defense case, both of which are equally important: physical evidence or testimonial evidence. During the discovery process, the state submits all evidence they intend to use against the defendant. This evidence can be either physical, testimonial, or both. However, often times the state lacks sufficient physical evidence, and therefore, heavily relies on any eyewitness testimony they can get their hands on. For this reason, witness depositions are very critical to the defense’s case as well.

Witness Depositions

Depositions are witness statements given under oath; the same oath anyone would take at trial or before taking the stand in court. It is a legally-binding oath that can render legal consequences if broken. Anyone who lies under oath commits the crime of perjury, which can be charged as a felony offense. Most often, depositions take place in a conference room, rather than a courtroom. Parties present during a deposition include the defense lawyer, the eyewitness, the prosecutor, and a court reporter.

Criminal defense attorneys want to make sure that the witness is credible, and will do so by conducting a series of questions during the deposition. Not only does this give a criminal defense lawyer insight on how the eyewitness might behave on the stand, it also allows them to learn the subject matter of their testimony, which in turns gives them a head start on developing a defense to attack the credibility of the witness at trial.

Credibility in Court

When an eyewitness takes the stand, their statements are not the final word. Judges and juries must find that the witness is credible, and will do so by considering various factors, such as:

✏ Their behaviors while testifying.
✏ Their relationship with the involved parties.
✏ Their personal interests, biased opinions, or prejudices.
✏ Their ability and opportunity to witness the crime.
✏ Their overall knowledge, maturity, and life experience.

Are you preparing to be a witness at trial? Read our blog, “Proper Conduct for a Trial Witness” to learn what you need to know.