Should They Note Potential Witnesses Who Might Testify?

Yes. If the case ended up going to trial and it came down to the person’s word against the word of a sworn police officer, then the person would probably be at a disadvantage. In a he-said she-said kind of a situation he would probably lose the argument if he claimed his speech was not slurred and the officer said it was. It would always be very helpful and would bolster the credibility of the client’s side if there were other people who could corroborate the story, like friends who were in the car or other people who were around, whoever they may be. The person would always want to let their attorney know about those people during consultation or afterwards, and make sure they had as much contact information for the witnesses as possible. It would always be better for the attorney to have the advantage of knowing there were other witnesses who might help the case, and it would also be important for the attorney to know all the negative sides as well. Obviously, the attorney should also be made aware of anybody, such as another officer or someone else who might be a bad witness or might say something when they testify that would not help the case.

What Would Be A Good Way To Get A Witness To Help Testify?

An attorney has the power to subpoena a witness to either a hearing or a trial, which means the witness would be ordered by the court to show up for that testimony. It is a very powerful tool and usually works well; there are consequences that go along with ignoring a subpoena, so it is a really compelling way to get people to testify. Someone would not want to bribe people or do anything like that, because that would be classified as witness tampering, which would be a very serious crime. DUI attorney Court Koehler believes that when it comes to getting people to show up at trial, or at a hearing to testify, the best thing to rely on would be that subpoena power. The attorney should also contact the witness and talk to them about their testimony beforehand, and that is really all they would need to do. It should not be a situation where someone would need to be convinced to come and testify, because first of all, that person would probably not be a very good witness if they needed to be convinced to testify and secondly, it might create ethical issues in terms of witness tampering or something related. The best to do is to make sure to know who the witness is and have their contact information so that a subpoena can be sent to them, which usually takes care of it.

Will Someone Be Subpoenaed If They Were Cooperative And Willing?

Although it would not be necessary to send someone a subpoena if they were cooperative and willing, it would still be a good idea to do it just to cover all the bases and to have everything done in a technical manner. There is nothing that says a witness has to be subpoenaed, because they could just show up at the trial and the defense could call them as a witness, but it would still be a good idea to do it the formal way.

Can A Witness Be Informed Beforehand Regarding The Need To Appear In Court?

Yes, it is generally a good idea to give them a heads-up, and also for the attorney or the attorney’s investigator to call those witnesses and talk with them ahead of time to see what their testimony would be. There is a difference between talking to somebody, asking about their side of the story and letting them know they might be subpoenaed, and then on the other hand, bribing them or doing something to tamper with their testimony or convincing to say something other than the truth; those are two totally separate things. One would be completely wrong and unethical whereas the other would be perfectly fine and probably something that should be done in every case.

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