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If my case goes to trial, what kind of questions will I be asked? Only about the case itself? can I ask WHY I am being asked?

New York, NY |

I am wondering if I am going to be asked questions that have nothing to do with the case like my nationality, immigration status, work status etc... The case has nothing to do with any of those things. Can I refuse to answer questions I deem not related to the case/ can I ask WHY I am being asked certain questions before I answer the question?

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Attorney answers 6

Posted

More information is needed regarding the type case.
If a question is ask that is objectionable, you object and the judge will determine if you should answer it. No, you cannot ask the attorney why they are asking you a question.

You should take a pro se primer on the rules of evidence. Otherwise, the trial will be very frustrating to you.

Asker

Posted

I have an attorney who is supposed to be representing me but isn't answering to my emails so there almost no communication between us. That is why I have posted the question on this website. Can I be asked questions that don't pertain to the case? Does the DA have to ask only questions that pertain to the case?

Posted

I agree with the prior responder with an additional comment. You should have a lawyer represent you if you do not understand the basics of trials and objections.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Asker

Posted

I have an attorney who is supposed to be representing me but isn't answering to my emails so there almost no communication between us. That is why I have posted the question on this website. Can I be asked questions that don't pertain to the case? Does the DA have to ask only questions that pertain to the case?

Posted

Without knowing the type of case it is, your question is nearly impossible to answer. Non - lawyers (and even a lot of lawyers) consider perfectly acceptable questions to be irrelevant, and they make senseless objections. Judges have to sort through objections and determine which ones have merit. You MAY NOT ask why a question is being asked, but you may OBJECT to a question if you do not understand its relevance. The Judge will determine if the question is relevant, and if it is, you will have to answer even if you do not understand why. IF you have an attorney, the attorney is supposed to object, not you.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Asker

Posted

It is a family court/criminal court case. I am entirely innocent, I wasn't even in contact with the person at all during the time period stated and have proof. I don't know if my case will be going to trial but the last time I spoke to my attorney they said they think it would if I didn't accept any plea bargain before or something like that. Since I am completely innocent I refused to accept anything less than full innocence. I have an attorney who is supposed to be representing me but isn't answering to my emails so there almost no communication between us. That is why I have posted the question on this website. Can I be asked questions that don't pertain to the case? Does the DA have to ask only questions that pertain to the case?

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

DA can ask you anything he/she thinks is relevant. Its up to your lawyer to object and the judge to decide if the question is relevant.

Asker

Posted

But can my immigration status be a relevant question? It has no relevance in the case...

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

If the question is asked, object to it, and its in the judges hands. I personally agree its irrelevant.

Posted

Speak to your lawyer.
If you are the defendant, you are not asked any questions unless your attorney calls you to the witness stand.

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)
Jlopiccolo@hbclaw.net

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.

Asker

Posted

My lawyer isn't answering its emails. That is why I have posted the question on this website. Do you mean that the DA cannot ask me any questions, that no one else than my attorney can ask me questions?

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

You will only be called if your attorney calls you and THEN the DA would be allowed to ask you questions.

Asker

Posted

OK, thank you very much for this information

Posted

I thinking I am repeating myself but...you need to engage a good defense lawyer to ask these basic questions and get specific and correct answers,

Law Office Of Michael Marley
Phone 917 853 4484

Michael Lewis Marley

Michael Lewis Marley

Posted

Refrain from putting factual details about the case on the web. This is for your benefit, sir or madam.

Posted

Usually no. You must answer and it is your lawyer's job to object to the question on grounds of illegality or form or any other reason under the state rules of evidence. Generally questions about your protected status like race, religion, color, immigration status, nationality are irrelevant and illegal to question about but I think they can be asked if they go to the nature of the charges. Most defense lawyers would object anyway to preserve appeal rights if you lose at trial.

THE ESTRELLA LAW FIRM, P.C.
“LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE”

Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
E. Estrella.Jeffrey@gmail.com
www.EstrellaLawyer.com

The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

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