There is one thing that each and every person accused of a crime deserves in this country: a fair trial. But who is going to guarantee you a fair trial? Your criminal lawyer, of course. They will formulate a defense and fight for leniency. Even if you are ultimately convicted, having a good criminal lawyer can help you get your charges reduced or your sentence shortened. So how do you find a good criminal lawyer? What will your meeting with them be like? We believe you'll find answers to those and other big questions on this website. After all, we've combed the internet for good, reliable information on criminal law.
The idea of a witness hiring a criminal defense lawyer can seem a bit strange at first. However, there are plenty of times when a witness in a criminal case should consider retaining counsel. Witnesses should at least consult with a lawyer if they're concerned about one of these three issues.
Possible Exposure to Criminal Prosecution
Being close to a person who is already under investigation or has been charged with an offense makes someone a good witness in many cases. It also exposes them to possible criminal prosecution in some instances, though.
The line between being a witness and the subject of an investigation can be surprisingly thin. A police officer might decide that a witness knows a little too much to not have been a participant in a crime, for example. Even if the case doesn't seem to be going in that direction, it's wise for folks who are close to targeted parties to hire a criminal defense attorney.
Obstruction of Justice
You don't necessarily have to have been a part of a crime to end up with charges. Prosecutors often decide that some witnesses are holding back. Worse, some prosecutors might determine that certain witnesses are trying to block investigations or even trials. It isn't unknown for a prosecutor to threaten a witness with obstruction of justice if they believe the witness hasn't turned over documents or evidence. Likewise, prosecutors may threaten charges if they believe a witness has given an incomplete or false statement.
Even if you're fairly confident that no one will charge you with obstruction, it's prudent to consult with a criminal defense lawyer. Ideally, you can do this before you speak with police officers or prosecutors. Having counsel when a cop interviews you can reduce the risk you might say something the state will misinterpret.
Providing Testimony
The risk of perjury is sufficient for everyone who is called to provide testimony to also lawyer up. Even if the prosecution is over the moon with how good of a witness they expect you to be, the defense can create problems. A defendant might be perfectly happy to cast doubt on someone's testimony, and they could use the threat of perjury charges to challenge your statements.
Before a witness provides testimony in court or for a deposition, they should speak with a criminal defense attorney. A lawyer can help them decide which questions to answer and how. If they have to invoke their Fifth Amendment rights, a witness can work with an attorney on the right way to state it, too.
For more information, contact a local criminal defense lawyer.
Share19 October 2022
