Legal Question in Criminal Law in Massachusetts

can you question prosecution witnesses before trial?


Asked on 2/22/10, 9:46 pm

3 Answers from Attorneys

Christopher B. Coughlin Coughlin Law Group, PC

One can always attempt to interview a witness before trial. They are under no obligation to speak to you however.

I would NEVER recommend that a defendant charged attempt to speak directly with a potential witness for the government. It is too easy for the commonwealth to add an additional charge of "witness intimidation" (a felony) against you. There are many seemingly innocent behaviors that can be liberally interpreted as witness intimidation. If you are unsure whether it's a good idea consult with your attorney.

Read more
Answered on 2/27/10, 9:56 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Your lawyer can have a private investigator question the witness. The witness can however refuse. I also agree that you should stay out of the equation. This can be viewed as witness intimidation and a violation of a stay away order.

Call me with any questions at 978-749-3606.

Read more
Answered on 3/01/10, 8:43 am
Gregory Casale Gregory Casale Attorney At Law

You have received good advice above in that you should not contact a witness who is to testify against you, yourself since it can only lead to further problems such as a Tampering with a Witness charge or even provide more incriminating evidence against you for the prosecutor to use. However, your lawyer has every right to contact any witness in your case. As stated, it is best to do this with an investigator since they can be called to testify at trial and your attorney would have to withdraw as your counsel to testify as to what the witness told him/her. So, the short answer is yes you can but you absolutely should not.

Read more
Answered on 3/01/10, 11:02 am


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts