Witness in a criminal trial

[Hockeyguy15]

So I received a "subpoena" to be a witness in a criminal trial (in Calgary), for obvious reasons that's all the info I am going to give. Has anyone on CP ever been a witness before (or maybe one of the many lawyers can answer)?

I'm curious how the process goes, do I meet with the prosecutor before the trial to go over some things? Do I have to sit outside the courtroom, or can I sit inside and listen in? Do I have to be present for every day of the trial? Any tips you have for someone who is pretty ignorant to how the whole process works?

[Daradon]

I was once. Luckily enough I didn't have to be called. The purp (yes, I said purp) pled guilty through a deal. I do remember talking to the prosecutor beforehand. I also remember overhearing him talking to the defense lawyer before we all went into the courtroom.

I obviously didn't have to meet with the prosecutor ahead of time, but he did stop to meet with us (there were two of us in the same situation more or less) before the trial started. I am assuming a lot of what happens will depend on what you know, how important you are to their case, and stuff like that. Some of the lawyers here will probably have better information for you.

I did go into the courtroom, and you will be able to as well, whether or not you are called.

[Northendzone]

take notes and then call the producers of Law and Order

[Bring_Back_Shantz]

Plead the 5th!

[BlackArcher101]

I believe the defense lawyer will wait to see if you actually show up. Once you do, they will usually realize they don't have a hope in hell to win and will make a deal with the prosecutor. Especially true if the witness statements are key evidence.

I discussed my witness statement with the prosecutor before the trial and met with him at the courthouse just prior. In the end, I showed up and then got to leave because of the plea.

[polak]

I did once.

Me and a co-worker were walking home from work and we saw a guy getting the crapped kicked out of him by 4 or 5 dudes. We yelled and they ran away so we took the guy to a local resturant to get cleaned up and called the cops. They showed up pretty quick, my co-worker went with one of them to identify the guys because they were apparently caught at Chinook station.

Fast forward a month later I get the pink form of court fun. So I went down to the courts building, sat outside the courtroom for a bit (Which was awkward as hell. They didn't seperate us. I sat in the hall with the victim and I'm 99% sure one of the defendents too) After about 20 minutes of waiting, I get called into a room, prosecuter asks me if I could point out the attacker with 100% certianty, I said 100% maybe too high cause it's been almost two months and I saw them from far away, then they asked me if I knew if my co-worker planned on showing up, I said I wasn't sure cause he didn't work with me anymore and they said I was free to go.

Thats my experience.

[CaptainCrunch]

I was a witness in a major fraud case. The prosecuter called me in and we went over what I knew and my testimony.

Then on the day that I was needed I waited outside of the courtroom.

Went up and swore to tell the truth, did ok with the prosecution, but the defense lawyer started to drill into specific details that I had no way of ever knowing.

[awildermode]

please dress up in a Star Trek uniform (or any cosplay)

[gargamel]

Stop snitchin'

[worth]

Hopefully he gets sent to the Statesville prison along with Sally Decker, Martin and Gunderson.

[undercoverbrother]

[fredr123]

It's "subpoena" and "perp" (as in perpetrator). Minor annoyances, sorry.

The process will be different depending on the prosecutor as far as prep goes. Some like to chat briefly with their witnesses. Others, especially for more serious matters, will hold longer more involved preparation sessions.

You won't be allowed to sit in the room and watch witnesses that testify before you. The judge will order everyone who may be a witness to leave the court room so that their evidence won't be affected by what was said before hand.

For multiday trials, the lawyers might work out a rough witness schedule in advance so you won't have to sit in the hallway day after day after day. However, it's not uncommon for a couple of short trials to be booked over the course of the day. Witnesses in those matters will sit in the hallway until their matter is called and they are called on to testify. If you're the last witness in the last trial, it can be a brutal day.

Also note, that in Canada when you take the stand, you are actually going to be standing the whole time. A chair may be available but unless there are special circumstances that make standing a hardship, you are going to be on your feet the whole time.

Before I was in law school, some buddies and I witnessed an assault with a weapon on one of our other drunk buddies. A group of us were all subpoenaed to testify and had to make the drive up from a small town south of Lethbridge for a full day trial in Calgary. We arrived at the court house on time and spoke to the prosecutor in advance. Moments before the judge arrived to start the trial, the accused agreed to a plea deal and was sentenced on the spot. Totally blew a couple days' of work for each of us. Really sucked.

Most matters, whether they be civil or criminal, are resolved one way or another before trial (or before the trial ends). As lawyers, we know this to be the case, but we can never assume a matter will settle and always have to be prepared.

[flylock shox]

Typically the prosecutor's office will call you in advance of the trial to confirm your availability and to schedule an interview time. Depending on the nature of your evidence and the seriousness of the case, your interview with the Crown will take place in the weeks leading up to the trial date, or even the morning of trial.

When the trial begins, you may be able to sit in the courtroom unless the court makes an order excluding witnesses, in which case you will be asked to sit outside the courtroom and will have to wait until you are paged.

You do not need to be present every day of the trial. You only need to show up for the date requested. Your subpoena may indicate that you need to attend every day, but the Crown will tell you when exactly they need you. Once you have testified and have been cross examined by defence counsel, that's it: you're done. Although if you've already got the day off work you could remain to watch the rest of the trial day (unless, again, there's an order excluding witnesses).

Also, be aware that defence counsel may call you and ask some questions. This is normal - there is a legal principle that "there is no property in a witness" - i.e., you aren't the "Crown's witness" and either side can try to talk to you.

Good luck. It should be an interesting experience.

[Dion]

http://www.albertacourts.ab.ca/cs/pu...ice_system.pdf

[Hockeyguy15]

Originally Posted by Dion

http://www.albertacourts.ab.ca/cs/pu...ice_system.pdf

From you link I found this

http://www.albertacourts.ab.ca/cs/pu...ice_system.pdf

[Makarov]

Originally Posted by fredr123

Also note, that in Canada when you take the stand, you are actually going to be standing the whole time. A chair may be available but unless there are special circumstances that make standing a hardship, you are going to be on your feet the whole time.

Really? Is this the practice in Alberta? It certainly isn't in Saskatchewan and Ontario (the two jurisdictions where I've practiced law.) Members of a police service are sometimes expected (by their police service, not the court) to stand while they testify, but often don't (especially if they are giving lengthy evidence). Otherwise, none of my witnesses have ever stood to testify (nor have I ever seen any civilian witness stand to testify.)

From a practical perspective, when witnesses are often giving evidence for hours or days at a time, it seems profoundly stupid.

[Ozy_Flame]

Send Muta a PM. He was witness to a pretty serious crime and had to take the stand.

[fredr123]

Originally Posted by Makarov

Really? Is this the practice in Alberta? It certainly isn't in Saskatchewan and Ontario (the two jurisdictions where I've practiced law.) Members of a police service are sometimes expected (by their police service, not the court) to stand while they testify, but often don't (especially if they are giving lengthy evidence). Otherwise, none of my witnesses have ever stood to testify (nor have I ever seen any civilian witness stand to testify.)

From a practical perspective, when witnesses are often giving evidence for hours or days at a time, it seems profoundly stupid.

The default is that you stand there and testify. I've never seen anyone refused who asks the judge to sit down. With elderly, frail, or sick witnesses the court will often take it upon itself to offer a seat. A young healthy guy who might not be on the stand for a long time might not get that same offer.

I think it's really dumb (along with the traditions in Alberta for bowing, robing, and addressing the trier of fact differently depending on gender), but I always tell my witnesses this could be a possibility. I don't want fatigue from standing for an extended period of time to distract them from their evidence.

[Daradon]

Originally Posted by fredr123

It's "subpoena" and "perp" (as in perpetrator). Minor annoyances, sorry.

Haha, I actually noticed this after I re-read the thread, but I didn't want to edit and lose my thanks. I figured I would make a joke with some pun of the words purple or mauve or violet in there to deflect what I knew would be a correction down the line (as this is the internet) but I wasn't clever enough to think of one.

[annasuave]

Wait a second. Hang on. I can wear a star fleet uniform to court?! Oh man, I am SO doing that next time I get called for jury duty.