I am a witness for the defense. I spoke with the State's Attorney months back. The case is now going to trial. There is information I withheld that I don't want to on the stand. Can I go to the State's Attorney prior with this?
You've put yourself in a bad situation by not being truthful from the get-go. Your smartest play now would be to obtain counsel of your own to prevent you from making a bad situation worse by perjuring yourself and potentially subjecting you to criminal penalties.
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This is a very sensitive situation.
Withholding information when you are questioned by a prosecutor is different than giving false information.
You should be fine if you speak to the State Attorney and clear things up and explain the "whole truth to them". Then when you testify you can answer everything openly and honestly. However, remember you will not be deciding what questions you will be asked. The State Attorney will ask the questions and you will only have to answer questions truthfully.
You definitely should go to the State Attorneys office and clear this up before you testify.
You have to be truthful while testifying on the stand under oath. As a court witness, because the potential repercussions of your witholding of information prior to your in court testimony, your conduct may result not only in your impeachment as a witness in that criminal trial, If you made prior submissions and then testified otherwise. There are also potential charges of obstruction of justice if you withheld information about the crime you knew was relevant.
The rule of thumb in your scenario is to be honest and truthful before giving the in court sworn testimony to avoid potential complications.
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