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cross-examine Tag

08 January
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Questioning Lab Reports at Trial

Posted by Clint
in Blog
Questioning Lab Reports at Trial

A slew of court opinions in the past 10 years examine issues relating to the introduction of lab tests and lab reports at trial. These cases are important in many DUI cases, because the prosecution will seek to use the lab report as evidence, while the defense attorney will try to keep it out of court. Many of the opinions about lab reports relate to Confrontation Clause issues. The Confrontation Clause of the Sixth Amendment to the Constitution requires that a defendant in a criminal case have the opportunity to confront – meaning, usually, to cross-examine – witnesses used against him. In...

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29 December
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Anonymous Witnesses in Criminal Cases

Posted by Clint
in Blog
Anonymous Witnesses in Criminal Cases

Do you have the right to confront anonymous witnesses used by the prosecution in a criminal trial? A recent federal court case posed this question when anonymous witnesses testified in court. At the trial, several witnesses testified against the accused, who allegedly smuggled an illegal immigrant across state lines. The prosecution claimed that these witnesses faced a safety risk by testifying, so their true names and identities were concealed from the accused and her attorney. While her attorney was able to cross-examine the witnesses and received information about their criminal histories and the benefits they received from assisting law enforcement, the...

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15 December
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Your Right to Confront Witnesses in Court

Posted by Clint
in Blog
Your Right to Confront Witnesses in Court

When facing criminal charges, you have the right to confront the witnesses testifying against you. The Sixth Amendment reads: “In all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him”. In practice, this means that tape recordings and written statements are no substitute for questioning witnesses in court. The pivotal case of Crawford v. Washington, 541 U.S. 36 (2004), illustrates why the Confrontation Clause in the Sixth Amendment is so important for criminal defendants. In the case, a criminal defendant’s wife gave a statement to the police that was tape-recorded. The wife refused...

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06 December
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I Lied to My Lawyer – Now What?

Posted by Clint
in Blog
I Lied to My Lawyer – Now What?

So you lied to your lawyer. You told your lawyer that you did not stop at a bar on your way home from work, or you forgot to mention that you finished a bottle of whiskey before leaving the house. What should you do? Lawyers wish that clients would own up to their lies immediately – or at least before they step into a courtroom. The problem with lies is that they lead to more lies. Lies to your lawyer do not allow the lawyer to prepare adequately for defending you and limit your chances of success. Imagine a DUI client who...

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