Alleged Victims on the Stand Following a Greenwich Domestic Violence Arrest
In domestic violence cases, eyewitness testimony can take on a pivotal role in the case. The testimony of the accuser can be especially important evidence in a family violence case. However, there are certain implications to putting alleged victims on the stand following a Greenwich domestic violence arrest. If you have been arrested for a domestic violence offense, it is important to work with a qualified domestic violence attorney that could determine whether putting the alleged victim on the stand could help your case.
Benefits and Challenges of Putting the Accuser on the Stand
There are benefits and challenges of a prosecutor putting alleged victims on the stand following a Greenwich domestic violence arrest. For the defendant, one benefit in a case in which the parties were married at the time, some privileges apply as far as statements are concerned. Some may be inadmissible. Another benefit for may be that the couple reconciled or the alleged victim does not want the other person prosecuted. That often poses a problem for the prosecutor because it may be difficult to get the person to testify against their significant other, ex-husband or ex-wife, whatever the case may be.
A possible challenge for the defendant could be in a case in which the alleged victim does want prosecution and wants the defendant to be found guilty or to plead guilty. In such a case, if the witness does take the stand, the defense attorney needs to be cautious about how they about cross-examine the witness. It is a sensitive situation especially in front of jurors who may know someone who experienced the same thing or experienced it themselves. The defense attorney would need to make sure they are not overly aggressive.
Benefits and Challenges of Putting the Accused on the Stand
There are benefits and challenges associated with putting a person accused of domestic violence on the stand. Beforehand, the defense attorney and the client should talk in detail about the pros and cons of taking the stand. Putting the defendant on the stand could be beneficial if the individual is innocent or if they have claimed self-defense. In those situations, they will have an opportunity to explain that to the jury or judge. The challenge is that once they are on the stand, they will have waived their Fifth Amendment privilege to remain silent and the prosecutor will then be able to cross-examine them. If there is anything in their past domestic violence, the prosecutor might try to bring those in. Also, if the person has convictions for any crimes involving dishonesty, those could come in as evidence. The issue of whether to take the stand must be dealt with on a case-by-case basis, depending on the specific facts of the allegation.
How the Credibility of the Accused Could Offset the Credibility of the Accuser
The credibility of an accused person could offset the presumed credibility of an accuser in the Greenwich courts if the defendant comes off as credible and their side of the story makes more sense than the accuser’s account of events. That is the potential benefit of putting alleged victims on the stand following a Greenwich domestic violence arrest. Often in such instances, the jury or judge will believe that defendant. Trials often turn on the credibility of the witnesses, especially in cases is one of he-said versus a she-said. it is important that the defendant discuss details of anything that might come up while they are on the stand, such as past incidences. That way, they are prepared to handle everything nothing is said to ruin that person’s credibility in the jury’s eyes.
What is Attorney-Client Privilege?
Attorney-client privilege is the protection the law provides to a potential client and the attorney so they can have conversations they don’t have to tell anyone else about. That is why attorneys always tell those who have been accused of crimes that they should tell their attorney everything, all the details, and the truth. Even if the defendant chooses to take the stand in a trial, no one is allowed to ask them what they and the attorney discussed. In almost all situations, that information is privileged as long as no third party was present. An attorney could be an invaluable asset to an individual. The attorney can do everything from determining whether putting alleged victims on the stand following a Greenwich domestic violence arrest may yield a positive outcome to attempting to mitigate the penalties that a person may face. Those who have been charged should speak with an adept domestic violence attorney that could ensure that they are in capable hands.