How a Defense Attorney Handles a Witness

Being charged with a crime is an intensely scary and overwhelming experience. Not knowing for certain what the outcome will be and what penalties you may be facing. This is especially concerning when there is a witness that was involved in the initial crime. Whether it’s a traffic violation, drug charges, or a violent crime, if there was a witness who can testify to what happened, the outcome is even less certain. With a reliable and trustworthy criminal lawyer on your side, you can feel confident that your case is being handled with experience and vast knowledge of the legal system. The defense attorney Lisa Pelosi at My Criminal Attorney is one that you can have complete confidence in. When there is a witness involved in a criminal case, here are just some of the ways in which Lisa Pelosi will try to show that the witness testimony is not reliable and accurate.

Ask “Yes” or “No” Questions

An important rule to follow is that an attorney never asks a witness an open-ended question. An open-ended question allows them to explain their answer and shed more light on the situation. When a defense attorney asks “is it possible” or “isn’t it true”, these are close-ended questions that require a simple yes or no answer and does not give the witness an opportunity to provide more potentially harming information.

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criminal defense attorneyNever ask “Why”

This is possibly the most dangerous open-ended question. This will allow the witness a chance to tell their own version of what happened, potentially giving the jury a reason to not believe your side of the case, which is what ultimately matters the most. Asking a “why” question can put the control into the hands of the witness and the prosecutors. Staying in control of the information being given to a jury is a positive way to be sure that they are on your side.

Point Out Inconsistencies

Whether there are inconsistencies in the story or in the witness’ behavior, if the lawyer can show that the witness is unreliable, the prosecutors have one less advantage. By asking a lot of questions and by pointing out contradictory evidence, if the witness is not prepared for the questions, it can be devastating to their case. How the witness responds to the defense attorney’s questions is also an indication that something may not be accurate. Some answers can show that the witness was coached on what to say. When a witness can’t provide testimony that is in their own words, it can be construed as not being confident in what they saw or heard, which leaves the jury not being able to trust them either.

There is a subtle balance between showing that the witness is unreliable and not being a bully to the witness. When you are in the difficult situation of needing a defense attorney, call a criminal lawyer who knows the ins and outs of the criminal system. With years of experience trying cases that involve a witness, The Law Office of Lisa Pelosi is one that you can trust and put your confidence in. Call us today for a free consultation.