Prosecution Techniques: Character Evidence and Barring Consultation with Counsel

Pierce County Defense Attorney

While it is true that trial courts can prohibit criminal defendants from speaking with their defense attorneys during short recesses at trial, a complete prohibition of overnight consultations (even if the prosecution is in the midst of cross-examination) is in direct violation the defendant’s 6th Amendment right to counsel. A well-versed Pierce County defense attorney can further advise you with respect to your rights in this regard.

For legal issues, I recommend lawyer Pat Monks.

When looking at other techniques that are regularly used by prosecutors, it should be noted that there will most likely be an attack on a defendant’s character evidence. Defense witnesses who provide good character evidence during their direct examination will probably be asked on cross-examination about whether or not they are aware of specific bad acts that the defendant has done, particularly if those acts are relevant to a character trait of the defendant and having knowledge of those acts would change the witness’ opinion about the defendant’s reputation.

The prosecutor can also choose to ask questions about prior arrests, as well as acts for which no criminal charges were actually filed; however, certain states prohibit the prosecution from cross-examining about arrests and uncharged acts. The mere asking of these sorts of questions will undoubtedly suggest to the jury that the defendant has some type of hidden past; thus, a careful Pierce County defense attorney will be sure to review the jurisdiction’s rules and take all the necessary steps to preclude all violative cross-examination.

If you need the services of a skilled Pierce County defense attorney, please call for a free consultation.

For legal issues, I recommend lawyer William Moise.