is an attorney present when a detective questions a witness

As discussed above, U.S. citizens have a constitutional right to remain silent when they are being questioned by law enforcement officers. This includes even if a person is under arrest. In fact, it is generally recommended that the person has a lawyer present while responding to police inquiries after an arrest.

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What kind of questions do you ask a witness in court?

Aug 04, 2016 · Many people, who were questioned as a witness, later said that they did not know that they can talk to a lawyer and to be interrogated in his presence. Taking this fact into account, it is difficult to overestimate the value of part 3 art. 78 of the Criminal Code of the Republic of Kazakhstan, which provides a list of witness rights, including the right of a witness to testify in …

Should I talk to a lawyer before answering police questions?

Sep 02, 2012 · There are two possible answers. IF you are the victim or a witness to events, I do not think you need an attorney. IF you are the one or think you might be the one or one of those suspected of being involved in a criminal act or acts, YOU NEED TO SHUT UP. Do not see any cop without an attorney if you feel that you need to see the cop.

Can a child witness be questioned by the police?

Oct 14, 2014 · In criminal depositions, a judge or magistrate will be present as well as an attorney from the defense and prosecution. Witnesses must answer questions asked of them just like in a trial, and witnesses may be held in contempt of court for failing to do so. If …

What happens during the direct examination of a witness?

Demand your lawyer be present before you answer any questions. A detective may want to talk to you for anything. Detectives may want to talk for any of the following reasons: 1. Figuring out if a crime occurred. 2. Establishing if a person (s) was involved in a crime. 3.

Do investigators call witnesses?

It's perfectly legal for defense attorneys and their investigators to interview prosecution witnesses in most instances. ... It's generally up to witnesses and victims to decide whether to talk to the defense before trial.

What to do if police ask you to come in for questioning?

If the police come and ask you questions:Make sure they're actually a police officer. If you're not sure, you can politely ask for their proof of identity.You can find out why the police have stopped you, if you aren't told when you're stopped, ask why and whether you're under arrest.

Why do investigators separate witnesses?

The crime scene investigator who arrives at a scene where witnesses are still present may decide to question them or examine skin, clothing and hair, especially in the case of a violent death. As such, it is important that witnesses be separated from the immediate vicinity of the victim to prevent cross-contamination.

What is it called when police question you in a room?

Interrogation (also called questioning) is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful information, particularly information related to suspected crime.

What evidence do the police need to charge you?

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.Oct 12, 2020

When a detective comes to your house?

If the detective is at your door, you don't have to open it for him unless he has a warrant. If a detective is knocking at your door, you don't have to answer. You can wait until he leaves if you want and then of course call your attorney.

What questions do Investigators ask?

Here are some example questions and answers for an investigation interview:When and where did you see this incident occur? ... Who was responsible for the alleged inappropriate behavior? ... What happened during this incident, and do you recall the names of witnesses? ... What was your reaction to the incident?More items...•May 26, 2021

Do crime scene Investigators suspect interviews?

CSIs do not deal with witnesses or suspects. They don't interview people at the scene, they don't interrogate anyone and they definitely don't pursue the perpetrator. These are all the jobs of the detectives on the case.Dec 2, 2005

What are the 7 crime scene investigations?

The Seven S'S of Crime-Scene InvestigationSecuring the Scene.Separating the Witnesses.Scanning the Scene.Seeing the Scene.Sketching the Scene.Searching for Evidence.Securing and Collecting Evidence.

Do detectives interrogate?

But not every investigation qualifies as a major case, and frontline police investigators are challenged to undertake the tasks of interviewing, questioning, and interrogating possible suspects daily.

How do you interview a witness to a crime?

How to Interview a Cooperative WitnessBe prepared. ... Allow adequate time for the interview, to be conducted in an appropriate environment. ... Bring the pertinent files with you and use them. ... Organize the interview questions. ... Ask short, simple, concise questions. ... Listen intently – watch the witness.More items...

What is the difference between interviewing and interrogating?

Interviews are used in an investigation to gather information — objective facts — by asking open-ended questions and allowing the witness to supply the evidence. ... Interrogations, on the other hand, are designed to extract confessions where police already have other concrete evidence connecting the suspect to the crime.

Should I call the detective back?

Your best move is this: do not call them back. In fact, the only call that you should be making is to a defense attorney. Let them know the situation and keep them on retainer. Anything you say to your defense attorney is going to be confidential.Jul 22, 2021

What does it mean when a detective comes to your house?

If an agent or detective wants to talk with you, this is not necessarily a sign that you are a suspect. However, if a detective calls you or comes to your home, do not speak with them or answer questions before talking to a lawyer. ... They may want information about someone who is a suspect.

Are witnesses interrogated?

775. The court, on its own motion or on the motion of any party, may call witnesses and interrogate them the same as if they had been produced by a party to the action, and the parties may object to the questions asked and the evidence adduced the same as if such witnesses were called and examined by an adverse party.

Can I refuse to be a witness in court?

Can I refuse to be a witness? Yes, if you are asked to be an expert witness. You must decide whether you can spare the time from your work or business to prepare a report and, perhaps, go to a court hearing. If you are asked to be a witness of fact, you can also refuse.

What questions would a detective ask?

10 Must-Ask Questions to Solve a Murder Mystery GameHow did you know the victim?What do you do for a living?Were you and the victim on good terms?When did you see the deceased last?Where were you at the time of the murder?Can you or anyone else corroborate your whereabouts?More items...•Mar 4, 2021

Do Detectives text you?

They can text you, but you do not have to answer. If you do not feel like speaking with him I would call the number and request that he stop contacting you.Sep 18, 2013

How do you know if you are under investigation?

Probably the second most common way people learn that they're under federal investigation is when the police execute a search warrant at the person's house or office. If the police come into your house and execute a search warrant, then you know that you are under investigation.

What does it mean to be under investigation?

Definition of under investigation : being investigated : being looked into to try to find out the facts The accident is under investigation.

How can you tell if someone is an informant?

Here are ten warning signs:Something feels “off.” Something about them just doesn't line up. ... Despite the misgivings of some members, the individual quickly rises to a leadership position. ... S/he photographs actions, meetings, and people that should not be photographed. ... S/he is a liar.More items...•Jul 6, 2013

Can a prosecutor be a witness?

(9) The only question, therefore, that needs consideration in the present case is whether the said witness who was recalled by the Court granting the application on behalf of the prosecution, can be a witness for the prosecution or a Court-witness as contended on behalf of the accused.

What are lawyers asking questions called?

Examination, Direct Examination, Examination-in-chief: The questions which the lawyer asks his own client or witnesses called by him.

How do lawyers question witnesses?

You can start questioning your witnesses, one at a time, by asking them their name and asking them some background information, like how they know the parties in the case. You will then have to get into asking questions about the event they witnessed or any other issue they are there to testify about.

What are defence witnesses?

As a witness, you are helping to ensure that justice is done. If you know something about an incident you may be asked to give evidence in court for the prosecution or defence. If you know one of the people involved in a case, you may be asked to provide evidence as a character witness, usually by the defence.Jan 31, 2019

Can the accused see witness statements?

Although witnesses are not entitled as of right to see a copy of their statement before the day of trial, there is no general rule that prohibits a witness from seeing their statement before trial. Many courts have approved the practice of allowing witnesses to see their statements prior to trial.Dec 4, 2019

How do I get out of being a witness?

Assuming you've been properly served with a subpoena — and what constitutes “properly” varies from state to state — file a motion to quash the subpoena with the court explaining what compelling reasons you have for not coming to court to testify — e.g., serious disability, testimonial privilege, any other legal reasons ...

Edward Jacob Sternisha

Anything you say WILL BE USED AGAINST YOU! Trust me, they have lots of games to get just what they need from you. Do not go. Do not speak to the police. Do not think you can do this on your own!!!!!

Scott Matthew Aaronson

As a criminal defense attorney, I rarely go with clients to meet with detectives. The reason is because there is absolutely no reason why any one of my clients should be meeting with detectives to say ANYTHING.

Harry Edward Hudson Jr

There are two possible answers. IF you are the victim or a witness to events, I do not think you need an attorney. IF you are the one or think you might be the one or one of those suspected of being involved in a criminal act or acts, YOU NEED TO SHUT UP. Do not see any cop without an attorney if you feel that you need to see the cop.

D. Chipman Venie

YES, you need an attorney even if it is to just "answer questions". Think about it this way: the police are not your friends and they are not coming just to "chat." They are coming to gather evidence against you or someone else in a criminal case, period.

What to do if you have questions about police interviewing your child?

If you have questions about allowing police to question your child about witnessing or being the victim of a crime, contact an attorney for advice about how to handle the situation. An attorney will know whether you must allow police to interview your child and what safeguards the police must use to avoid traumatizing your child.

What happens when a child is interviewed by the police?

Interviewing or interrogation can be traumatic and might cause the child to shut down and stop sharing information. Questioning by an authority figure or any adult also can influence a child's memory or interpretation ...

Can a parent refuse to interview a child?

However, if a parent is present when the police approach the child or police ask permission in advance, a parent can refuse to allow the child to be interviewed. A lawyer (hired by the parent) also can refuse an interview on a child's behalf. Children themselves can refuse to be questioned and can also request that a lawyer or a parent be present ...

What are the rights of a child victim?

Some states have special statutes that address the rights of child victims and witnesses. These laws may require, for instance, that the child be permitted to have a victim's advocate or other support person present at any interview with the prosecution or police.

Can a child testify in court?

Many states and the federal government have laws that address child victims and witnesses who testify at trials. Some laws permit children to testify with a support person present and even allow the child to sit on that person's lap during the testimony. Some laws allow a child to testify by closed-circuit television or video deposition with the court's approval. Closed-circuit television allows the child to testify without being in the same room as the defendant. A video deposition allows the child to testify outside the courtroom but with the defendant present. The United States Supreme Court has held that a state law allowing a child to testify by closed-circuit television does not violate the defendant's right to confront the witnesses against him. Special arrangements for the child do not violate the defendant's rights as long as:

Can a child testify outside the courtroom?

Some laws allow a child to testify by closed-circuit television or video deposition with the court's approval. Closed-circuit television allows the child to testify without being in the same room as the defendant. A video deposition allows the child to testify outside the courtroom but with the defendant present.

Can a child witness be accompanied by a dog?

A child witness also could be allowed more breaks than an adult while testifying—if necessary. In some courts, judges allow the child to be accompanied by a courthouse dog —a dog specially trained to help children and other vulnerable witnesses feel calm and safe at the courthouse and during testimony.

Joseph Briscoe Dane

Be careful before just walking in to talk to a detective. If you truly are a witness, they probably wouldn't be so vague with you.#N#See the link below for more information:#N#http://www.joedane.com/featured/contacted-by-an-investigator-should-you-call-back-orange-county-defense/

Harry Edward Hudson Jr

As previously indicated, you have no obligation to speak to a police officer at any time. Heor she may say that you should because he or she NEEDS to get your side of events. The officer's "need" does not compel you to talk to them.#N#I suggest that you call the San Diego County Bar Association. I am reasonably sure that it has a referral service.

Jeffrey Donald Kent

I agree with Mr. O'Connell. You are walking a very slippery slope. If you have ANY doubt that you are only a witness, you should immediatley contact a lawyer. I wrote a legal guide that I linked below that may help some....

William R. O'Connell

You have an absolute right not to speak to the authorities. If you do decide to speak with the detective, I would strongly recommend that you speak with an experienced criminal defense attorney in your area before doing so.#N#Do you have any reason to believe that you might very well be a suspect? Are you aware of witnessing any theft?

What is the job of a lawyer?

The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions.

What is a grand jury subpoena?

A grand jury subpoena is a written order for you to go to court and testify about information you may have. If a law enforcement officer threatens to get a subpoena, you still do not have to answer the officer’s questions right then and there, and anything you do say can be used against you. The officer may or may not succeed in getting ...

Do you have to give your name to police?

Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions.

How to prepare for a witness test?

Preparation of the witness for examination is as important as the attorney’s preparation for the examination. Review every question and exhibit with the witness. Ask the witness what exhibits she believes would be helpful in explaining her testimony. Inform the witness that after direct examination she will be cross-examined by opposing counsel but that on redirect examination she will have the opportunity to explain the answers she did not have an opportunity to explain during cross-examination. Review the likely points of cross-examination to avoid as much surprise as possible. Tell the witness to show respect for the system and all involved. Instruct the witness to speak clearly, loudly, and to the jury. The witness should speak, dress, and act appropriately. It is important to remember that how a witness testifies is as important as the substance of their testimony. Show the witness the courtroom. If possible, have the witness watch part of a trial to become generally familiar with the process. Review all procedures with the witness. Hopefully, if you follow these suggestions, the witness will be both prepared and comfortable.

What is the focus of a witness?

Focus Is On The Witness And Her Testimony. During direct examination, the witness, not the attorney, should be the focus of the jury’s attention. You are calling this witness because she supports at least some, if not all, aspects of your case.

Why should you avoid leading questions?

First, leading questions are not allowed on direct examination except in limited circumstances such as in the case of an adverse or hostile witness or a very young witness. Second, the use of leading questions will have the negative effect of shifting the jury’s focus from the witness and her answers to you and your questions. Finally, the use of leading questions reduces the credibility of the witness. If you use leading questions on a regular basis, it will be as if you are testifying, not the witness. Even if opposing counsel and the judge allow you to use leading questions, the jury will not appreciate this approach and will no doubt question the credibility of the witness.

How to establish credibility of a witness?

The jury must believe the witness. To establish the credibility of the witness, develop those aspects of her background that show she is honest and qualified. For expert witnesses, establish the witness’ qualifications to show that the witness has the knowledge which forms the basis of her opinion testimony. Cases often boil down to a battle of the experts. When one expert witness is more qualified in the eyes of the jury than the other expert witness, the case often turns on that determination. For fact witnesses, be sure to establish that the witness had the opportunity to know the facts she claims to know. For example, establish that an eyewitness to a motor vehicle collision had the “opportunity” to observe the collision. Establish that the witness’s view was unobstructed and that the witness was in a place at a time that allowed her to view the relevant events.

Why is detail important in establishing credibility?

You have heard the expression “I have got to see it to believe it”. Eliciting detail from a witness as to what that witness observed paints a picture of what occurred and helps the jury “see it” and therefore “believe it”. However, elaborate detail should only be elicited as to important points. Detail as to unimportant points will only serve to confuse the jury and allow opposing counsel an opportunity to impeach the witness’s credibility on minor inconsistencies.

What is the purpose of cross examination?

Cross-examination has essentially two purposes. The first and primary purpose of cross-examination is to elicit testimony that supports your case . The second purpose, which is discussed in more detail below, is to attack the credibility of the witness or the witness’s testimony.

What happens if you look hurt by a witness?

If you look hurt by a particular answer, the jury will know you are hurt. If you move on without any sign of being hurt, you will at the very least reduce the impact of the unexpected testimony.

What is cross examination in court?

The questions asked are for the purpose of “direct examination”. When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination. The defense attorney is just doing their job.

What to do if you answer incorrectly?

If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to have the attorney discover an error in your testimony. If you realize you have answered incorrectly, say, “May I correct something I said earlier?” Sometimes witnesses give inconsistent testimony – something they said before doesn’t agree with something they said later. If this happens to you, don’t get flustered. Just explain honestly why you were mistaken. The jury, like the rest of us, understands that people make honest mistakes.

What is the importance of dress in court?

A neat appearance and proper dress in court are important. An appearance that seems very casual or very dressy will distract the jury during the brief time you’re on the stand, and the jury may not pay attention to your testimony.

What is the most important thing to tell the truth?

Most important of all, you are sworn to TELL THE TRUTH. Tell it. Every true fact should be readily admitted. Do not stop to figure out whether your answer will help or hurt either side. Just answer the questions to the best of your memory.

How to make your testimony sound unconvincing?

Instead, be yourself, and prior to trial go over in your own mind the matter about which you will be questioned.

What is the purpose of cross examination?

The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination.

What to say when someone says "that's all I remember"?

Unless certain, don’t say “That’s all of the conversation” or “Nothing else happened”. Instead say, “That’s all I recall,” or “That’s all I remember happening”. It may be that after more thought or another question, you will remember something important.