Legal Question in Criminal Law in California

Cop-Caller

My ex-boyfriend beat me up. Said he would kill me if I called the cops. So I emailed them. Investigation....arrest...in jail for a week, bailed himself out. Denying he even saw me that night. Taking it to trial. I have no pictures of bruises, etc. Only two witnesses who saw the bruises and me. They have been subpoenad. The DA says juries tend to blame the victim in these kind of cases because they do not understand why I would go back. Other than the truth (which should be enough, but evidently not) - I need tips on testifying. How do I convince the Jury that this DID HAPPEN?


Asked on 4/24/02, 11:28 pm

2 Answers from Attorneys

Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: Cop-Caller

Thank you for your inquiry.

First, this is a subject that you should speak to the prosecutor about. Be sure to bring it up with him or her, bring all of your questions to the table and express whatever concerns you may have.

Second, tell the truth. Communicate what happened as it happened from your perspective and experience. Organize your thoughts prior to testifying, but do not try to memorize a script. While preparing, slow the events down in your mind and take it frame by frame, in slow motion, seeing the details, and solidify what happened in your mind. Trust yourself at trial and bring the details to life for the jury. Stay calm and centered during cross-examination. Sincerity, honesty and integrity have a way of communicating sincerity, honesty and integrity. Let that be your guide. And remember: you have been talking all of your life. In essence, that is all that you will be doing at trial.

Good luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com

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Answered on 4/25/02, 1:06 am
Victor Hobbs Victor E. Hobbs

Re: Cop-Caller

In addition to what Robert had to say: dress modestly, look at the jury when answering questions, not at the attorney asking you the questions. You need not look at the jury all the time. But keep you scan going so that you cover all the members of the jury. There are three prime rules to being a witness at a trial. Tell the truth X 3 = affective testimony. Listen to the question, and answer that question. Don't volunteer additional information. I like to let the other side get a little tough with my witness if they want to. I let it go a little farther than most attorneys will. To let the jury see that my witness has some strength of character. If this guy does this to you the next woman he does it to he might kill. So look the jury in the eye and tell it like it is. Don't forget the power of prayer. So say a few before testifying.

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Answered on 4/25/02, 9:23 am


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