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Can a defendant simply talk to a witness a few days after the incident happened?

Boston, MA |

Can they talk about the incident? Can the defendant prove to the witness that he is wrong in certain parts of the story and show him the proof of how and why it is wrong? Then, can the witness, after having received the additional evidence and that everything makes complete sense to him change his statement?

Attorney Answers 6

  1. Yes, sometimes. No, other times. It depends on the circumstances.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

  2. I would say that there is nothing preventing either party from talking to a witness, but remember that the conversation will be questioned if the matter proceeds to court and so the credibility of the witness's testimony will be attacked. Also, the party speaking to the witness needs to be careful that they are not accused of pressuring the witness to falsify their version of events.

    I would advise anyone to talk to a local attorney before trying to talk to a witness.

    General answers to legal questions such as this should not be construed as legal advice. Please consult with an attorney in person to obtain legal advice.

  3. Bad idea. That is what lawyers are for. | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.

  4. It depends on the type of crime and the relationship with the witness. For instance, an witness to an assault may feel threatened by a defendant approachingwhile a security officer who witnessed a shoplifter maybe more receptiveto discussion. It also depends upon the conditions of the bail and whether the court ordered the defendant to stay away from the victim. If there is a restraining order, contact with a witness may be perceived as attempted contact of the victim and constitutea violation of the order. The defendant is safer in allowing his attorney to interview witnesses.

    Providing users with information is not intended to create an attorney/client relationship. However, if in reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.

  5. A Judge will order a defendant charged with assault and battery to stay away and have no contact with the victim and/or witnesses in 9 out of 10 cases. The Judge makes this order at arraignment. If a Defendant violates this condition the Prosecutor can move to have the Defendant's bail increased or revoked. If the bail is revoked, the Defendant can be held in custody for up to sixty days.
    Even if there is no order to have no contact, it is still a very bad idea. If the conversation does not go well and the witness feels threatened or intimidated, the Defendant is now exposed to a charge of Witness Intimidation. If so charged, his bail WILL be revoked on the A&B!!
    The Defendant's attorney should provide this incriminating evidence to the prosecutor.

  6. No, if there is a court order, and the person can be charged with witness intimidation. Have their rlawyer contact the person.

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