Legal Question in Criminal Law in New York

May a privaete investigator speak with a complainant/victim

May a private investigator,hired by a defense attorney, quetion a complainant in a criminal case(harrasment).


Asked on 7/15/03, 11:31 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: May a privaete investigator speak with a complainant/victim

It is the duty of the defense attorney to investigate the facts of the case as it is given to him. This includes interviewing witnesses, among other things. He may, at his discretion, hire another person (investigator) to perform this for him. The witness may decline to speak with the defendant's representative (lawyer and investigator) but may be compelled to speak to the representative in a neutral site accompanied by a court officer for his protection.

In short, the witness has rights, but not the right to prevent the defendant from learning what his testimony shall be in the upcoming trial. You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 7/16/03, 1:14 pm


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