what questions can defense attorney ask victim

He may only ask direct questions of any witness: “Jennifer, how long have you known the defendant?” or “Jennifer, how did you meet the defendant?” Once the prosecutor is done questioning the witness, it is the defense attorney’s turn. This is called “cross-examination”.

Full Answer

What kind of questions can a lawyer not ask?

Feb 07, 2018 · Your lawyer will know the most relevant questions that can provide helpful information for your defense. Your Criminal Defense Attorney Can Strengthen Your Case by Contacting the Victim As your case moves forward, your lawyer will work to build the best defense possible, but it is important to see if there are any factors that will resolve your ...

Why is asking the right questions important in a domestic violence case?

prosecutor attorney or defense attorney, that attorney can ask the court to order ... Do not be afraid to ask the lawyer to rephrase the questions more simply. 8. If you do not know the answer, do not guess. Simply respond that you do ... The lawyer can ask for copies of whatever you have with you. 14. Be ready.

What are the questions to ask a plaintiff in a lawsuit?

Aug 04, 2017 · He may only ask direct questions of any witness: “Jennifer, how long have you known the defendant?” or “Jennifer, how did you meet the defendant?” Once the prosecutor is done questioning the witness, it is the defense attorney’s turn. This is called “cross-examination”.

How do you ask a witness a question in court?

May 25, 2020 · To entice a detailed response, questions should begin with: Who, Why, What, Where, and When. You should avoid beginning questions with Did, Didn’t, Does, Doesn’t, Is, Isn’t, Aren’t, Will, Won’t, Can, Can’t, Could, Couldn’t Would, Wouldn’t—these will always call for a yes or no answer. Open-Ended Example Questions

What questions do lawyers ask?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?Nov 28, 2019

What are some direct examination questions?

Say This: “What, if anything, did you observe?” or “What part of your body bothers you?” This will force a witness to spell out each answer. Avoid This: “Did you see the accident?” or “Does your back hurt?” Both will only elicit a yes or no response and the latter question might be considered as leading.May 25, 2020

Do you have to answer questions asked by the defense attorney?

If you CHOOSE NOT to answer his questions, you will likely have to withdraw that part of your claim from your lawsuit. If you CHOOSE NOT to answer his questions or if you refuse to answer selected questions, the defense lawyer will ask the judge to force you or compel you to answer them.

Can a defense attorney knows his client is guilty?

Defense lawyers are ethically bound to zealously represent all clients, including those they believe will justly be found guilty, as well as those they believe are factually innocent. ... Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime.

How do lawyers try to trick you?

Some lawyers play a trick on plaintiff's lawyers by making arguments that require the plaintiff to amend the case so that he or she spends an exorbitant amount in legal fees at the very early stages of the case. ... This usually requires pleading the case law, rules of procedure and some facts regarding the case.Aug 5, 2016

What questions are asked of a character witness?

A majority of courts hold that the prosecution may not cross-examine a defendant's character witness by asking whether his or her opinion of the defendant would change if the defendant were guilty of the crime. The prosecution also may not ask whether the witness is aware that the defendant is guilty.

Can attorneys ask yes or no questions?

The judge is there to act as referee -- if the attorney is asking a yes/no question that's legally valid, they may compel the witness to answer it, as asked or with additional information. This answer is not a substitute for professional legal advice.

What do you say in court to not answer a question?

If your answer was not correctly stated, correct or clarify it immediately. 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 may remember something important.

How do you answer defense attorney questions?

Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.Feb 5, 2020

Can a defense attorney lie?

For these reasons, among others, defense lawyers often do not ask their clients if they committed the crime. Instead, the lawyer uses the facts to put on the best defense possible and leaves the question of guilt to the judge or jury. What defense attorneys cannot do is lie to the judge or jury.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What if a lawyer knows his client is lying?

If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

DISCOVERY -- EVIDENCE -- INVESTIGATION

DISCOVERY -- EVIDENCE -- INVESTIGATION#N#Has your lawyer obtained and reviewed all "Discovery", including: police reports, witness#N#statements, video and audio tapes, photographs and other material provided through "discovery" by the Prosecutor? Has the attorney made copies of all of it and reviewed it with you? What is your attorney's evaluation of the evidence? What is the "worst evidence" against you? Has you attorney considered not only what evidence is there, but what evidence is not there (missing)? What physical or testimony evidence does the prosecution rely on open to challenge? Or what evidence does the DA not have that could mean dismissal of your case? Are there eyewitnesses that should be interviewed? What sort of defense investigation should be conducted to find that evidence to disprove your guilt?.

CLIENT ACTIONS - What should you do?

CLIENT ACTIONS - What should you do?#N#Sometimes there are steps you can (and should) take which will dramatically lessen your sentence.

STRATEGY

STRATEGY#N#What is your lawyer's preliminary evaluation of the case against you? What defenses are available to you? What is the best defense strategy? What are the risks and benefits of strategy? Can your attorney mount a successful defense at trial or is it in your best interests to plea bargain?

COSTS

COSTS#N#How much defense investigation needs to be done, and what will it cost? Do you need to hire Expert Witnesses to testify for you at trial? How much will they cost? Is their testimony worth it? What is the time table preparing for trial; how long will the trial last and what will it cost?

SENTENCING ALTERNATIVES

SENTENCING ALTERNATIVES#N#Are there any Sentencing Alternatives to standard Jail that you may be eligible for, such as electronic home detention, Sheriff's Work Program, Work Furlough, or community service? Are there any standard or creative Probationary Terms that are preferable to you which will satisfy the prosecution and court's concerns and allow you to receive a lesser sentence, easier to accept? Some clients want to avoid fines, others want to keep their driver's license, others want to avoid jail, and others who are not citizens, just want to remain in the U.S.

MOTIONS -- Legal Defenses (Due Process and your constitutional rights

CONCLUSION This case is not just any case; it’s your case! You deserve the best defense from an attorney who considers all of these questions.

What is trial evidence?

Trial evidence includes eyewitness testimony, photographs, and direct examination questions. During direct examination, a personal injury lawyer asks key witnesses a series of questions. The goal is to develop a credible timeline for the injuries. These crucial questions help paint a factual picture of the incident and can make or break whether ...

How to keep a jury's attention?

To keep a juror’s attention, your attorney should avoid lengthy, rambling questions. Instead, questions should use simple words and allow the witness to elaborate on various facts. A general rule is all direct examinations should be open-ended, short questions.

What is direct examination question?

Direct examination questions allow a personal injury attorney to ask key witnesses to explain what they saw, heard, or did in relation to an incident. For example, an attorney in a car accident personal injury lawsuit may call a bystander to testify about what they saw just before, during, or after the accident.

What is the role of the prosecution in a personal injury case?

The role of the prosecution is to present a “burden of proof” for the case that convinces the judge or jury of the defendant’s negligence or liability. The prosecution asks their own witnesses direct examination questions and can cross-examine the defense’s witnesses. 2. Defense. The defense in a personal injury trial consists ...

What is the defense in a personal injury trial?

The defense in a personal injury trial consists of the defendant and their law firm, known as the defense counsel. The defendant is the accused at-fault party, whose actions allegedly caused the plaintiff’s injuries. The role of the defense is to argue against the prosecutor, creating reasonable doubt that the defendant acted negligently. The defense calls their own witnesses to ask direct examination questions and can also cross-examine the prosecution’s witnesses.

What is the role of a judge in a trial?

The judge’s role is to ensure justice is served .

How many people are on a jury?

A jury is typically composed of 12 people, none of which can have any relation to either party involved in the case. The role of the jury is to vote on the innocence or guilt of the defendant as well as the settlement awarded to the plaintiff.

Deirdre Lynn O'Connor

John's comments raise an interesting issue that I wanted to comment on even though it takes us far away from the questioner's primary concern.#N#Personally, I meet face-to-face with all civilian witnesses on the case. I usually speak to cops in the hallways of the courthouse or on the record, though I have, on...

Peter J Tomao

Yes "Brad's" attorney can meet with you. The attorney may do so alone by probably will have an investigator accompany him or her or as anothe attorney suggested may send an investigator to interview you. You do not have to meet with the defense attorney or investigator.

John M. Kaman

The attorney can meet with you, if you consent, but he/she would be stupid to do so. The attorney could be accused of attempting to interfere with a witness.

How many women are victims of domestic violence in California?

Men and women can be victims of domestic abuse, although male domestic abuse does not get as much attention. In California, 32.9% of women and 27.3% of men experience some kind of domestic violence in their lifetimes.

Can a defense show holes in a plaintiff's story?

In many domestic abuse cases, the defense can show the court holes in a plaintiff’s story. Poking holes in the story can sometimes be enough for the court to let the defendant off the hook.

How do victims of domestic violence identify the wrong subject?

In some cases, victims of domestic abuse identify the wrong subject, either by mistake or on purpose for their own reasons. When this happens , the defendant claims that someone else was responsible for the abuse. The defense attorney must gather evidence as to the whereabouts of the alleged defendant at the time of the abuse and develop a strong alibi that proves he or she could not have been at the scene of the crime.

Can a man accuse his wife of domestic violence?

It is not uncommon for men and women to falsely accuse a spouse of domestic violence on purpose. This may happen in divorce and child custody cases to sway the court’s decision in one direction or the other. It may also occur out of spite. An attorney can defend against this type of allegation by finding inconsistencies in the plaintiff’s story that prove he or she is lying. This can include comparing police reports against eyewitness accounts.

Lack of Proof

Deliberately False Accusations

Wrong Suspect

Self-Defense

Questions Your Defense Attorney Should Ask

• In any type of domestic violence case, a good defense attorney looks at the initial police report and asks certain questions. These questions immediately begin to vet the plaintiff’s allegations for holes and inconsistencies and to gather any potential information that could work in the defendant’s favor. Questions may include: 1. Does the 911 tape support or discredit my client? …

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