Legal Question in Criminal Law in New Jersey

If an individual is on the prosecutor's witness list, but the prosecutor is never able to locate that person, may the defense find the person and interview them, then call them to testify without notifying the prosecution of any of the communications?


Asked on 4/05/10, 9:29 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

If the prosecutor has requested reciprocal discovery, including names of witnesses and what they will testify to, your witness may be barred at trial if you fail to provide the requested reciprocal discovery..

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Answered on 4/10/10, 10:17 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Generally the defense attorney does have a right to speak to witnesses but will have to turn over the name if intends to use as a witness. Also if discovery is asked for by motion some documentation may have to be turned over.

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Answered on 4/11/10, 2:39 am


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