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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15945
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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From 1989 to 1993 I had a strong working relationship in law

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From 1989 to 1993 I had a strong working relationship in law enforcement. Without specifics I was convicted of a crime and spent 3 years in prison. There I became extremely familiar with the gang elements that were at their prime during that time and am familiar with all the leadership. Upon release I maintained very close ties with the entire national leadership. For years I've watched these specific gangs turn into something unbearable. In addition all of the old leadership is slowly being released.

Since my release I've remained in the law sector and have developed a strong career as a leading expert in a litigation sub-field. I'm looking to enhance my expertise in the criminal arena by offering my expertise in gang related incidents specific to my personal knowledge of these organizations. My expertise is hands down more in-depth than any law enforcement expert. What land mines could I encounter and do I risk heavily reaching out to prosecutors and law enforcement to assist them
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
I'm not clear about the nature of the service you intend to offer to prosecutors and law enforcement personnel. Are you talking about testifying in court as an expert on gang behavior or about something else?
Customer: replied 5 years ago.
Hi Fran. Yes I am talking about testifying and offering expert reporting based on the evidence.
Customer: replied 5 years ago.
My concern is that I have and know valuable information. I don't want prosecutors or law enforcement to try to place pressure on me to disclose that information by means of claiming criminal association or something. I only want to use my knowledge and information for either the prosecution or defense of a specific case which they have hired me as an expert in.
Expert:  Zoey_ JD replied 5 years ago.
That's what I thought. I just wanted to be clear. You may well know this already, but in order to be able to testify in a court proceeding for the prosecution (ditto for the defense) you have to qualify as an expert. That is, the prosecution has to lay a foundation that would demonstrate to the court that the background, training, and knowledge which you have rise to such a level that you would have special knowledge in the area. Your opinions in your area of expertise would be accorded more weight than others lacking your credentials.

The prosecutor would have to lay out your skills and accomplishments in the area, the extent of your work in the field, the publications you may have written, other cases you may have worked on, and so forth. Following that, the defense attorney could either stipulate to your expertise or attempt to challenge it by cross-examining you.

Section 240.45 requires that the prosecution disclose to the defense the existence of "a record of judgment of conviction of a witness the people intend to call at trial if the record of conviction is known by the prosecutor to exist."

That may or may not get in the way of your being useful to the prosecution. Where it may not go directly to the issue of your expertise, some types of offense would presumptively affect your credibility. (If your conviction were for fraud or perjury, for example).

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Customer: replied 5 years ago.
But as to my "special knowledge" do you foresee the prosecution or law enforcement attempting to take advantage?
Customer: replied 5 years ago.
But as to my "special knowledge" do you foresee the prosecution or law enforcement attempting to take advantage of me or putting me in a bad position?
Expert:  Zoey_ JD replied 5 years ago.
I think almost definitionally that there would be a risk that personal knowledge you might have about any particular gang members could come out. If the prosecution chose not to take advantage of it, the defense might well try to use it to turn you into a more helpful witness by creating doubt as to the defendant on the particular case.

I understand your concerns, some of which would involve your own safety. You might be better off contracting with prosecutors to do some behind the scenes training/consulting rather than testifying in open court.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15945
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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