Legal Question in Criminal Law in California

Interviewing Witnesses

My daughter is being held as a co-defendant with a defendant that had 46 original charges filed against him. The evidence presented to the judge on my daughter was one witness saying he saw a girl with long straight hair driving a dark colored compact car leaving the scene with the masked robber and the other evidence is a girl with a mole going to the back door of a flower shop 30 minutes before the shop owner was robbed by a masked bandit. No fingerprints or surveillance tapes and the robber wore a mask and gloves. The flower shop owner picked my daughter out of a photo line up 10 months after the actual incident as the girl that came to the back door of his shop. My daughter was the only photo of a girl with a mole and her picture is much larger than the other ones.

Can I interview the witnesses or hire a detective to do the interview. The testomony of the witness during the pre-trial hearing was stated by the arresting officer.


Asked on 6/13/07, 12:08 pm

3 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Interviewing Witnesses

Simple answer...civilians do not "interview" witnesses. Hire counsel and their investigator must do this. Any other contact runs the risk of intimidating witnesses charges.

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Answered on 6/14/07, 12:08 pm
Terry A. Nelson Nelson & Lawless

Re: Interviewing Witnesses

You can try anything you like, as long as you aren't accused of the crime of intimidating a witness. You're wasting your time however, as her attorney should be doing all investigation through proper personnel and procedures, so that if anything useful is obtained, it can be introduced into evidence. Your efforts can't be. Playing pretend attorney is not helping your daughter. Hire a real one if you actually want to try to keep her out of prison.

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Answered on 6/13/07, 1:19 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Interviewing Witnesses

I agree with Mr. Nelson's answer. Bear in mind that the witnesses are not required to talk with you or with any investigator you might hire. An attorney, however, may be able to subpoena them and force them to answer questions -- albeit in the presence of the DA.

Witnesses are also more likely to agree to speak with a lawyer without being subpoenaed than with you or with your private detective.

Another important point is that communications between a lawyer and his investigator will often be covered by the attorney work product protection and/or the attorney-client privilege. Conversations between you and an investigator you hire directly will not have these protections. Trying to do this on your own will thus make it easier for the prosecutor to learn about your investigation and will make it harder to mount a strong defense for your daughter.

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Answered on 6/13/07, 6:46 pm


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