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Why might a defense attorney not want to call the defendant to the stand to testify?
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Can an opposing attorney be a witness?
Yes, they can. Typically a defense attorney will subpoena the witness, but the attorney may request that the court order the witness to remain in the court after testifying for the state. This assumes there is evidence the witness has to offer that cannot be brought out on cross examination of them for some reason. The better practice is to issue a subpoena.
What state court might have the authority to authorize a jailed defendant to appear at her trial in a suit as opposed to orange scrubs?
Generally the defense attorney will inform the defendant how to dress for a trial. The defendant does not appear in jail or prison garb at the actual trial, this however is not true when it pertains to arraignments or pre-trial disclosure hearings.
When might you need a defense attorney?
A defense attorney's job is to defend you in the court of law from criminal or civil cases. Therefore, you might need one if you have been arrested or accused of a crime.
Does a judge have to tell a defendant what is the maximum penalty you face?
Not necessarily. They might, but are not required to. Many laws bear mandated sentences codified into the law by the state legislature which passed them, and which the judges do not have the discretion to deviate from. Where's your defense attorney? Ask them.
Which defense might a defendant use if the patients knew the inherent risk before treatment?
assumption of risk
Why would a lawyer suggest a plead of guilty to a misdemeanor when a person did not participate in the crime?
Because sometimes people are convicted of crimes even though they're actually innocent. If the defense attorney thinks that the prosecution has enough evidence to convict the defendant of a more severe crime, they might advise the defendant to plead guilty to a lesser crime, which might mean a much less severe punishment.
Why might Evidence that a defendant in a murder case had been arrested for auto theft for several years before the trial be kept from the jury?
One possibility is, it might be argued by the defense attorney, that the offense of auto theft (a crime-against-property offense) has no bearing on a homicide (a crime-against-person offense).
Where can someone find a drunk driving defense attorney?
There are plenty of places in order for one to find a drunk driving defense attorney. However, one might want to check out more information on the website attorneys.
What happens if prosecuter presents false evidence in a jury in trial?
If a prosecutor discovers during the course of a trial, or if it is noticed by the defendant's attorney that false or misleading evidence has been presented, then the judge and the jury will be so informed to disregard the evidence. Generally speaking, a prosecutor nor a defense attorney will knowingly present false evidence. Depending on the circumstances a judge may call a mistrial, and an entire new trial will take place at a future date. If the prosecutor's case is heavily based on false evidence, then there's a chance that there will be no new trial and the defendant is free of all charges.In situations where the trial is over, and the fact that false evidence was submitted that convicts the defendant, then an appeals court will overturn the verdict. If the defense had presented false evidence that caused a not guilty verdict to be rendered, then that attorney is subject to fines or criminal charges. Whether a defendant can be tried again is doubtful. Depending on the circumstances, new charges might cause a new trial for the former defendant.
Can you plead insanity in court?
I guess that it is possible to raise the insanity defense in almost any case you might think of. Surprisingly enough it very seldom prevails as a defense and is extremely expensive to the defense to elicit the expert medical examinations and testimony that such a defense requires.
How can seizure disorder be a cause of conduct disorder?
The defense might claim that the defendant wasn't in control of himself and was not responsible for his actions at the time the alleged seizure was taking place. Whether the judge or jury believes this defense is problematic.
Can a judge and a district attorney try to coerce a defendant in taking a plea bargain by threats of maximum sentencing?
The district attorney can certainly make an offer and say take the plea bargain or we will ask for the maximum sentence. He must feel the state has decent case, or that your attorney isn't going to be effective in your defense. Correction: While the district attorney may think that the defense attorney will not do a good job, it would be improper for him to base a sentencing recomendaton on that conclusion. A judge should be very careful about telling a defendant that the defendant will get the maximum if he is found guilty in front of this judge. If a judge wants to get the message across, he usually says things like: "Ask you attorney about the kind of sentences that might happen after trial." Or, "If you are found guilty, when I sentence you I will consider everything I know about you." A judge can say this: "If you do not take this plea, all plea bargaining is over. This case will be set down for trial and it will go to trial. You can then take your chances." Additional: When you accept a plea agreement, the judge is going to ask you if you were coerced into accepting the agreement. If you say that you were coerced, then the plea is dropped.
