I have a domestic violence bench trial going on in NY. My wife was the only witness, she has given her testimony. Now my lawyer wants me to testify. As he says that its her words against you. There are no evidences and proofs! The only witness is her friend ( whom I have never met and never seen) from a women organization who testified against me. My lawyer has rested on her as she was not responsive at all in the trial ! I now come tio know that my wife has gone back to her native contry after testifying!
Can she be recalled even if my attorney has rested on her?
Should i ask my attorney to call her back and stand in the witness box?
She can be recalled if there is a basis to do so.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
You have an attorney and you should be discussing this with him/her. Can she be recalled? technically maybe but if she isn't here there isn't much your attorney can do about it especially since s/he has already had an opportunity to question her.
You have posted this question before. You should listen to your lawyer and not seek advice from a web forum from people who don't know everything that happened at trial.
Sir I can tell you are frustrated and have asked several questions. The problem remains the same we are not present at your trial. Your attorney is who you need to speak to.
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
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