Tell the truth! This is the single most
important advice any witness should remember.
Dress neatly! A neat appearance and proper
dress in court give an important first, and lasting, impression.
Conduct yourself in a dignified manner! The
trial of a criminal case is a serious matter.
Be prepared! You should know days or weeks
ahead of time that you will be testifying in court. Think about the incident
and what happened so that you can recall the details accurately when you are
asked in court. If you need help remembering these details, write the facts
down. If you have already written a statement for the police, ask the
Assistant District Attorney for a copy; reading it may jog your memory on some
details. Think ahead of time about the answers you will give to the questions
you expect will be asked.
Do not try to memorize what you will say in
court. Jurors are hesitant to believe testimony that sounds "scripted". Also,
the lawyers' questions may not coincide with your expected answers.
Stick to the facts! The Judge or jury only
wants to hear the facts as you know them to be, not what someone else told
you.
Relax ... speak clearly! You have nothing
to fear when giving true answers. When you are asked questions, give your
answer as clearly as possible.
Expect to be questioned by several people.
One of the basic rules in a criminal case is that both sides have a chance to
question every witness. Questions asked by both sides have the same goal ---
to find out what is true.
Do not lose your temper. Be courteous.
Don't let the defense lawyer upset you. It may seem at times that he is trying
to pin you down, but he has the right to test how many of the facts you know
and accurately remember.
Don't start to answer a question until the
question is finished. If you haven't yet heard the entire question, you don't really know what you're being asked. Don't "jump the gun" by answering
what you think the question will be (when it is finished).
Think about your answer before you give it.
Your every word counts. Be descriptive. Be accurate. Vague or inconsistent
responses give other people a chance to (misinterpret what you
meant your answer to be.
Answer all questions to the point. If the
question calls for a short answer, give a short answer; if you need to
explain, explain.
Answer only the question asked. Do not
volunteer additional information.
Don't exaggerate or guess! If you don't
know the answer to a question, say so --- If you don't remember the
information that you are asked about, say so.
Answer the questions verbally. Your
testimony is being recorded (either tape recorded or written down). No head
shakes or head nods, or "uh-huh" / "uh-uh" instead of saying "yes" / "no"!
Look at the jurors and speak to them when
testifying. Jurors are ordinary people, like yourself. They consider attitude,
facial expressions, and body language when evaluating testimony.
If you don't understand or didn't hear the
question, ask that it be explained or repeated.
If your answer was not correctly stated,
correct it immediately.
Never attempt to talk to a juror about the
case or any other matter while the case is being tried. This includes chance
meetings during recesses, in hallways, at lunch, or any other place.
If either lawyer raises an objection, stop
speaking at once! After the Judge has ruled, you will be instructed whether to
continue.
The District Attorney's Office will
assist you with any questions you may have prior to your court appearance.
Why
am I a witness? I didn't see the crime occur.
Witnesses are not limited to "eye
witnesses". You may have seen or heard the crime happen or may know something
about it. You may also know something about a piece of evidence, or may know
something that contradicts another witness' testimony.
You may not think that what you know about
the case is very significant; however, small pieces of information are often
required to determine what really happened. If you wonder "why" you are
testifying in a particular case, ask the Assistant Prosecutor handling it (or
our Witness Coordinator); there is probably a common-sense reason.
Your presence and willingness to testify
may be the deciding factor in determining what will be done in the case. Many
defendants hope that you or other witnesses will not show up. Your mere
presence at the Courthouse before the trial may cause the defendant to plead
guilty.
What if
someone threatens me?
Concerns about your well-being and safety
after being victimized or witnessing a crime are normal. If you have any fears
or receive any threats concerning your involvement in a case, you should
immediately contact the law enforcement agency that investigated the case, or
the Comal County District Attorney’s office. In an emergency situation, call 911.
Do so as soon as possible so that the threats can be documented and
appropriate action taken. There are laws to protect you against people who
attempt to bribe, intimidate, threaten, or harass you.
What
if the defense attorney contacts me?
In representing a client, a defense
attorney may contact you and want to talk to you about the case. Keep in mind
that you do not have to talk to anyone about the crime, including the defense
attorney or their investigator prior to testifying in court. If you choose to
do so, always request proper identification and an explanation of the purpose
of the interview. If you have any concerns about talking with a defense
attorney or their investigator, you are encouraged to contact the Assistant
Prosecuting Attorney in charge of your case and to have him/her with you at
the time of the interview.
Do I have to
testify in front of the defendant?
The defendant must be present in court to
hear what all the witnesses say about him. The lawyer for the defendant is
called the defense attorney and will ask you questions after the Assistant
Prosecuting Attorney.
Who will be
with me in court?
You may bring friends or relatives with you
to court, and they can probably sit in the courtroom while you testify, unless
they are also witnesses. (Witnesses testify one at a time and generally wait
outside the courtroom for their turn. This is called "sequestration".) Our
Victim/Witness Advocate may also be with you, if you request.
How long
will I be at court?
Your courtroom time, while actually
testifying, may not take long; it depends upon many factors. Most of the time
you will just be waiting for your turn to testify. You and your family and
friends are encouraged to bring a book or magazine to read while you wait.
How many
times will I have to appear in court?
No one can tell in advance how many times
or how long you will have to be in court. The process of justice takes time.
The number of times you may be called to appear in court and the delays you
may encounter are the result of many factors, including pre-trial motions or
other scheduled events with your case, or congestion on the judge's court
calendar.
What if my
employer won't let me come to court?
If you are lawfully subpoenaed to court, an
employer cannot prevent court attendance. When appropriate, the District
Attorney's office will contact your employer to discuss the importance of your
role as a witness. We can also provide you with a note, on our letterhead,
confirming the days/hours when you were in court.
I
was subpoenaed by the defendant, not the prosecutor. Does this change
anything?
Questions concerning the case will need to
be answered by the person of office that subpoenaed you. If you received a
subpoena from the defendant’s attorney, you will need to contact the
defendant’s attorney.
What if I need an
interpreter?
Foreign language interpreters and
interpreters for the hearing and/or speech impaired are available. If you are
in need of interpreting services while in attendance at court, contact the
Comal County District Attorney’s office as soon as possible.
If I
have expenses, will I be reimbursed for them?
If you were subpoenaed by the District
attorney’s office, travel, lodging and meal expenses will most likely be
reimbursed. Contact
Investigator
Mark Mault and he will be able to
answer your questions.
What do I do if I
can’t afford the trip to New Braunfels to testify.
If you were subpoenaed by the District
Attorney’s office, contact the prosecutor and they will arrange for your
travel to New Braunfels. Lack of funds is not a legal excuse to ignore a
subpoena. Contact the District Attorney’s office as soon as you receive your
subpoena if you need help with travel arrangements.
