Police Testimony - Fairfax Criminal Lawyer Weighs In
Police testimony can bury or liberate you- Fairfax criminal lawyer on the necessity of defense control of opposing witnesses.
Police testimony (PT) is common in most criminal trials. As a Fairfax criminal lawyer, I know that PT can run from the sloppy and inept to polished and dangerous. Does your Virginia criminal defense lawyer know how to cross examine and control an otherwise dangerous cop on the witness stand? Ask your prospective criminal lawyer about his or her ability, experience and approach to cross examining police and all other witnesses, to moving in limine to exclude inadmissible testimony and evidence that would be damning if heard by the jury even if the judge were to sustain the objection, to objecting in real time to inadmissible testimony, and to simply protect you against Constitutional and evidentiary violations at trial and at all other stages of defending you.
Police testimony can get ugly
Being a criminal defense trial lawyer is not for those who want a smooth workday. No matter how many trial lawyer seminars and continuing legal education programs your lawyer attends, none of that sufficiently stands in for trying cases skillfully, boldly, with a thick skin, and with killer instincts, rising to the occasion even when very uncomfortable unexpected proverbial bows and arrows are flying, sometimes with the judge doing nothing to put a stop to any of them. What comes to mind for me as an example of rising to the occasion with unexpected uncomfortable developments is when I learned that the CPR that I had learned so easily on a lifesize doll in reality not only can involve the death that I already knew about, but also vomiting by the person needing resuscitation. Vomit or none, the person still needs help. The last place that a lawyer should learn that s/he is not cut out for criminal defense is in the middle of police testimony or another stage of trial that is seriously testing whether the attorney can risk to the occasion.
What do cops learn about how to present police testimony?
Law enforcement officers (LEO's) can only learn so much in the classroom about how to present police testimony, when they have so much else to learn. Just as I tell my clients that they are no match for the police (which is enough reason to remain silent for them), police are no match on the witness stand for a Virginia criminal defense lawyer with superb cross examination ability. I take a few main approaches to cross examining dangerous and other witnesses. One is to keep control of the witness and situation by not letting them lead the process and by not chasing after them. Police have nowhere to escape to while on the witness stand. While testifying, cops in many ways are fish out of water, no longer able to call the shots in so many ways like they are able to on the street. Another approach is to listen for the gifts that come from when a police officer tries to run away from the question or to answer a question that was not asked, only to learn that the non-cooperative answer has provided information or obvious escape efforts that help the defense. Another approach is the reward and punishment method, whereby the opposing witness learns that low level discomfort at simply answering the damn question (and not over-answering it) brings the witness closer to the relief of departing the witness stand. Let the cross-exam resistant police officer know that doing so is like getting caught in a Chinese finger trap Another technique is the default of when an opposing witness who was enjoying a chat with me in the hallway recognizes that my genuine amiability never weakens my going for the jugular and victory with opposing witnesses.
What do prosecutors tell police to say on the witness stand?
In two of the Fairfax municipal courthouses / city halls, prosecutors often will speak with police right in front of the Virginia criminal lawyers involved with their cases. One day, while waiting to speak with such a prosecutor about my case, I was rewarded by hearing him prepare police testimony for a bench trial that was about to take place. I give this prosecutor credit for telling the cop to simply tell it like it is. I was also left hoping that the officer already knew that. On a broader scale, police should not shun speaking with Virginia criminal defense lawyers, sometimes through such self-satisfied responses as "you will learn that answer from the witness stand," which is simply fodder for me to cross examine the cop to show his bias in fully debriefing with the prosecutor but not in answering a few of my simple questions. If only all police officers would read and follow the advice of this experienced police officer to speak with criminal defense lawyers about their case, and to realize that by doing so they also may gain important intelligence from the questions posed by the defense lawyer (and, I add, by the lawyer's tone of voice, mood and body language).
Even a wet noodle may have spikes
A capable Virginia criminal defense lawyer must never get self satisfied about police testimony in cross examination nor any other stage of defending you. Even a weak testifying police officers might throw dirt or feces in the defense lawyer's eyes, if given the opportunity. Your criminal defense lawyer needs to be as fearless and powerful as possible in every stage of your defense, both in and out of court, and rarely if ever freeze up or get stagefirght. I thrive on the stage and in every other part of criminal defense. Before I ever realized that I would become a criminal defense lawyer, I already was a performer, learning to play improvisational trumpet before audiences, and prformed magic shows for children's parties. If your potential Virginia criminal defense lawyer comes across as very cerebral, make sure that this part of their personality will not overshadow them from shining in the courtroom. effectively engaging witnesses on the stand, and powerfully persuading the judge and jurors.
Fairfax criminal lawyer Jonathan Katz's single-minded goal is pursuing your best possible outcome against Virginia DUI, felony and misdemeanor prosecutions. Get ready to thank yourself for meeting with Jon Katz through your free in-person confidential consultation with Jon about your court pending case. Call 703-383-1100 for your talk with Jon.