STATE CRIMINAL DEFENSE
Being charged with a crime is a difficult and stressful experience.
STATE CRIMINAL DEFENSE
Being charged with a crime is a difficult and stressful experience.
Practice—What is a Deposition?
1. It is a good idea to meet with your lawyer before the deposition to talk about the case and what to expect at the deposition.
_______ True _______ False
True.
2. Depositions aren’t as important as trials.
_______ True _______ False
False. It is just as important as trial testimony and may be used in a trial.
3. A judge will be at the deposition to resolve disputes that may arise during the deposition.
_______ True _______ False
False. The lawyers are responsible for conducting the deposition in a professional manner.
4. You are not under oath.
_______ True _______ False
False. The court reporter will swear you in.
5. Your lawyer can advise you during the deposition.
_______ True _______ False
False. You cannot ask your lawyer for advice before you answer a particular question.
6. You lawyer may make objections during the deposition.
_______ True _______ False
True. However, in most situations you will still have to answer the question.
7. Your lawyer can instruct you not to answer a question.
_______ True _______ False
True.
Your lawyer may do this when he or she has a serious disagreement with the lawyer taking the deposition about whether the lawyer is entitled to know the answer to the question. The most common situation is a question that requires you to divulge private or privileged information. Otherwise, lawyers can ask you pretty much whatever they want.
8. You don’t have to tell the lawyer taking the deposition about things your spouse has said
or done.
_______ True _______ False
True. Conversations you have with your spouse and things you know about your spouse do
not have to be disclosed.
9. You can go back and correct/clarify something you said earlier while you are under oath.
_______ True _______ False
True.
Practice GIVING CREDIBLE TESTIMONY
1. It’s a good idea to provide the information the lawyer seems to want to know, even if he or she has not yet asked you a direct question.
_______ True _______ False
False.
Don’t volunteer any information. It’s the lawyer’s job to ask questions that will elicit the information. If he or she doesn’t do it, it’s a lost opportunity. Too bad for the lawyer.
2. It never hurts to elaborate on your answer.
_______ True _______ False
False.
Elaborating on your answer is the same thing as volunteering information. Wait for a specific question instead.
3. If you know about a document that the lawyer taking your testimony hasn’t shown you, you should mention it.
_______ True _______ False
False.
Again, don’t volunteer information.
4. You should reply promptly to the lawyer’s questions.
_______ True _______ False
False.
Do not reply until you have thought over the question. Take your time if you need to.
5. If your lawyer objects, don’t answer the question unless your lawyer tells you that you can answer.
_______ True _______ False
True.
The objection may force the other lawyer to change the question or to drop the subject. Again, don’t volunteer!
6. If you don’t understand a question, you should ask the lawyer to rephrase it.
_______ True _______ False
True.
Make sure you clearly understand every question.
7. If you don’t remember something, you should just say so.
_______ True _______ False
If you don’t remember, you don’t remember. That’s the truth.
8. You should make a little joke from time to time to break up the tension.
_______ True _______ False
False.
First, your little jokes will be transcribed, without the benefit of your tone of voice, your expression, or your gestures. It will almost surely be misinterpreted or twisted to your disadvantage. Second, the other lawyer probably doesn’t have a keen sense of humor during testimony.Third, the tension in the room is not your problem. Stay on task.
TOP 10 DOS & DON’TS WHEN ANSWERING/TESTIFYING IN COURT
Do
Tell the truth (it’s ok to say I don’t know)
Pay attention, focus, concentrate, listen so you clearly understand the question
Take your time—pause to think before you speak
Answer outloud, and answer only the question asked
Answers should be brief—short, concise and in full sentences (yes or no if appropriate)
Be serious
Do look at the questioner
Stop talking & listen when an objection is made
Summarize whenever possible
Request a recess if you need a break and/or to confer with your lawyer
Don’t
Don’t assume or guess
Don’t answer a question you don’t understand
Don’t volunteer information
Don’t explain your thought processes
i.e. if asked when, don’t answer “had to be December bc in January I was already away…”
Don’t lose your temper
Don’t help the questioner
Don’t agree with the questioner unless you agree with all of the question
i.e. if asked …
Don’t interrupt
1. Arrive Early—you MUST be on time—parking, security, finding courtroom all take extra time.
2. Dress nicely.
3. Don’t use cell phone, chewing gum, candy, or chewing tobacco, while testifying.
4. Review attorney’s instructions.
5. Bring any checklists, documents, notes to show your attorney before.
6. Be completely honest with your lawyer.
7. Visit the courthouse/court room in advance of your hearing.
8. Silence your cell phone!!!
Witness testimony can be uncomfortable and awkward. Use these tips to prepare yourself to give credible testimony.
Body language tells a story. Comfortable, natural, sit up straight-gives a witness more credibility.
Facial expressions are very telling. Maintain eye contact, avoid smirking, eye rolling, frowns… when being questioned.
Try not to sound rehearsed, avoid long pauses and short one word answers. If needed, explain why you can’t recall certain facts or dates during a deposition.
Try to avoid moving around too much. Keep your hands comfortably on the table to maintain good posture and stillness.
Wear light colored/neutral comfortable clothing with minimal patterns. You need to be comfortable to maintain composure so as not to be mistaken as hiding something and to remain credible.
Witnesses are often confronted with difficult questions during testimony.
Test your skills with some of these practice questions.
Chose the better answer as a witness
- a. I should know but my memory is not great.
- b. Honestly I think it was green
- c. No
- a. Neither
- b. It was yellow
Do you know vs Do you have any information on
- It is OK to say “I don’t know”
- “I don’t remember at this moment.” you can ask to see something the cross examiner is referring to
- “I don’t understand”