Legal Question in Criminal Law in Florida

How to impeach a witness with a prior felony conviction

I have been advised that a witness the alledged victim of an assault with a

prior violent felony conviction may only be asked 2 questions on the stand

regarding his prior violent criminal past. 1. Has he ever been convicted of a

felony 2. how many times?

I have been advised that the nature of his offense and the likelyhood that his

current testimony is motivated by his fear of returning to prison,i.e. if he

doesn't accuse his ''attacker'' then he risked being charged as the attacker

since he acknowledges physical contact..NOTHING but 2 questions above?

Can anyone comment on this and provide anything to support their opinion

that condradicts the above assertion?thank you.


Asked on 7/12/05, 7:48 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: How to impeach a witness with a prior felony conviction

I agree, just those two questions.

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Answered on 7/13/05, 10:45 am
W. Grey Tesh W. Grey Tesh, Florida Criminal Defense Lawyer

Re: How to impeach a witness with a prior felony conviction

Generally, you can only ask those two questions. One exception is if the witness "opens the door" by denying the number of convictions or the like. See Jackson v State 570 S02d 1388 (FL 1st DCA 1990)

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Answered on 7/13/05, 10:50 am


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