when the district attorney has told the witness what to say

If you are called into court and put on the witness stand, you will be sworn in by the clerk of the court. This is the commonly heard phrase: “Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?” When on the stand, you will be required to answer the District Attorney’s questions.

Full Answer

Do I have to talk to the district attorney as a witness?

This often involves getting testimony from witnesses both for and against the person accused. If you are asked to give a statement, you may not be required for Talking to the District Attorney as a Witness.

How do I contact the district attorney for a criminal case?

If you are looking for the specific attorney handling your case, it is best to email or call the county or city court clerk to find this information. Use the correct form of address. For best results, you will want to write a formal letter and address the district attorney appropriately. Keep your letter short and formal.

What does it mean to be a witness to a crime?

In Talking to the District Attorney as a Witness subject, When someone is arrested, they may or may not ultimately have charges filed against them. This means someone can be arrested for a crime, but the district attorney will review the police report and any available evidence to determine if the crime alleged was actually committed.

Should I write to the district attorney?

Do not write the district attorney if you are the defendant in a criminal case. Anything you write to the district attorney may be admissible as evidence in your case. Accordingly, your lawyer should handle all communication with the prosecution.

How do you respond to a witness in court?

Give positive, definite answers when at all possible. Avoid saying, “I think,” “I believe,” or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

What is it called when an attorney interviews a witness?

examination. n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.

What should a witness always tell?

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.

What do you say when you're done questioning a witness?

Your witness must answer each question truthfully. It is okay for the witness to say, “I don't know” or “I don't remember” if those are truthful responses. When your adversary is done, and the judge has no further questions, your witness is done.

Is a witness statement enough to convict?

What is reassuring for defendants is that whilst a signed statement from a complainant is enough for a charge, it is not necessarily enough to secure a conviction. The complainant must be able to convince the jury or magistrates that the defendant is guilty beyond reasonable doubt.

What is a witness statement called?

A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony.

Can a witness talk to the district attorney?

You may always speak to the District Attorney if you wish, but you do have that option. This means you have the right not to go to the District Attorney's office or have the District Attorney come visit you at home or at work to talk about proceedings.

Do I have to attend court as a witness?

A witness summons says you have to go to court. If you still fail to go to court without a good reason, you could be 'in contempt of court' and you may be arrested.

What to say in court when you don't want to answer?

Good ways to say anything but "No Comment" to questions you really don't want to answer: "I'm sorry but I'm not able to speak to that subject" "Thanks for asking but I'm not able to answer that question" "I'm sorry but that information is proprietary"

What are the 6 questions to ask every witness?

When I testify, who will question me?...At the HearingWhat is the order of events in the courtroom?What do I keep in mind when going to court?Why would I enter evidence in court?What evidence can I show the judge?Does testimony count as evidence?

Can you refuse to answer a question in court?

Right to refuse to answer a question The right to refuse is known as a privilege. Privilege applies in the following situations: Privilege against self-incrimination: means that you can refuse to answer questions or hand over documents that may implicate you in criminal proceedings.

What questions do witnesses get asked?

Start by asking the witness their name and address. If your witness is a professional, you should ask what their job is, what their educational degrees are, and how long they have been doing their job. The ask specific questions about what information they have about your case.

How do you interview a witness?

TIPS TO FOLLOW BEFORE QUESTIONING BEGINSIdentify yourself and any others participating in the interview.State the reason for the interview.Explain your authority to conduct the inquiry.Explain why they were selected, in particular, to be interviewed.More items...

How do you interview a potential witness?

Upon first contact, the potential witness will be making a determination about whether to speak with the interviewer. Give them a reason to do so. Introduce yourself politely and courteously by telling the interviewee your name, who you represent, and that you are gathering facts regard- ing your case issue(s).

What is cross-examination?

Cross-examination gives the opposing party an opportunity to point out the weaknesses of a witness's testimony, like holes in their story or a lack of credibility.

What does prosecution witness mean?

This name is given to the private person upon whose complaint or information a criminal accusation is founded and whose testimony is mainly relied on to secure a conviction at the trial; in a more particular sense, the person who was chiefly injured, in person or property, by the act constituting the alleged crime, (as ...

How to find out if a district attorney is a district attorney?

1. Look up the correct address online or call the county court. An online search including “district attorney” and the county or city name will almost always turn up an email and physical address. Alternately, you can call or visit the country or city court to request this information. If you are looking for the specific attorney handling your ...

Why do you write a letter to the District Attorney?

There are many reasons for writing a letter to the District Attorney (DA). Whatever your reason, you’ll want to draft a formal, respectful letter to give your inquiry the best chance of success. You’ll also want to include all the information necessary to support your inquiry, whether it involves a trial, reporting a crime, or dealing with a traffic ticket.

How to reduce a traffic ticket?

1. Know that you can write a letter to the district attorney to reduce the cost of or even dismiss a traffic ticket. Even if you were at fault, DAs will often reduce the level of the fine or change the nature of the charge so no points accrue to your license if you have a previously clean driving record.

How to find the district attorney for a ticket?

Find the name and address of the District Attorney handling your case. You can call or email the clerk of the court for the county or city where you received your ticket to discover the District Attorney for your case.

How to communicate during a trial?

During the course of a trial, you may need to send written statements or other information to the district attorney, or ask questions. Do not write the district attorney if you are the defendant in a criminal case.

How to write a letter to a victim?

Keep your letter short and formal. Make your letter as brief as possible while still including all the required information. Even if you are upset – e.g. you are a victim writing because our case is not being prosecuted – try to keep you letter formal and respectful. This is the best way to ensure a positive response.

How to find a lawyer for a case?

If you are looking for the specific attorney handling your case, it is best to email or call the county or city court clerk to find this information.

Who is the head of the local prosecutor's office?

The District Attorney is the elected official at the head of the local prosecutor’s office. He sets policy for the office’s administration of justice, but he rarely knows the specifics of any particular case. The various divisions of the office are headed by division chiefs who supervise individual prosecutors. The individual prosecutors are the ones who handle cases on a day to day basis, but they aren’t autonomous. They handle cases according to established policy and their individual orders.

Can you talk to a man about something?

Generally yes you can. But who you are and what you want to talk to him/her about will matter.

Can you talk to someone without their attorney?

You are not going to get anywhere trying to talk to any of these people if you are a defendant. They are ethically forbidden to talk to you without the consent and presence of your attorney. Even if you talked to one of them, it’s unlikely you’d know what to tell them. They have considerations that are important to their evaluation of a case and things that are not. You are not familiar with these considerations and your attorney is.

Can you speak to a prosecutor?

Never speak to a prosecutor —even if you are opposing counsel—unless you are in the courtroom on the record, especially the District Attorney, who in a large office, has no business running or discussing individual cases with you.

Does the government need lawyers?

As you might imagine, this creates a need for many attorneys. The government therefore needs a structure for hiring, firing, and paying all of these lawyers. Lawyers within the government have to report to someone.

Can you talk to someone but not back?

Anyone can talk to him or her, but they might not talk back.

Do they love you if you are charged with a crime?

Assuming you’re also charged with a crime which is implied here, then Yes, they will love it! Should you? No!

What happens if you are a witness in a criminal case?

If you are a witness in a criminal case, we would like to take this opportunity to familiarize you with the proceedings in order to minimize any apprehension or inconvenience you may experience as a result of being called to appear.

Who represents the accused in Alabama?

The District Attorney represents the State of Alabama in criminal prosecutions. The defense attorney represents the accused. Together, they represent the “parties” in the case. These attorneys may want to discuss the case with you. If you have any questions as to who you should or can talk to, please call the Assistant District Attorney or Victim Service Officer assigned to your case.

What happens when a defendant is convicted of a crime?

If a defendant is convicted of a criminal offense, the judge will determine the appropriate sentence. Sentencing may occur immediately following the jury’s verdict or at a future hearing following the preparation of an investigative report. At sentencing, the judge will explain the terms of the sentence to the defendant and advise him of his right to appeal the conviction. As a victim or witness, you may be present at the sentencing if you wish. Please notify the Assistant District Attorney assigned to the case and your Victim/Witness Service Officer if you wish to be present at sentencing.

What is a subpoena in court?

A subpoena is a court order directing you to appear in court at a particular time and place. It may be delivered to you by mail or in person. It does not mean that you are charged with an offense. Its purpose is to call you to court so that you may tell what you know about the case.

Do you have to sign a complaint to be charged with a crime?

Usually, you as a victim, will have been required to sign a formal complaint, under oath, that becomes part of the arrest warrant charging the accused with committing a crime . By signing and verifying the complaint, you have indicated your willingness to appear as a witness to testify in Court if necessary.

Can a defendant be released on bail?

If a defendant desires to appeal a conviction, the judge MAY release him on bail until the Court of Criminal Appeals makes its decision. If the appeal is taken, you will not be required to appear as a witness before the appellate court. However, some cases are returned to the trial court for additional proceedings. You will be notified if your testimony is needed again.