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RobertJDFL, Attorney
Category: Legal
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Does a crim defendant have the right of access to question

Customer Question

Does a crim defendant have the right of access to question police investigator pre-trial in preparation for his defense?
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 1 year ago.

Thank you for your patience.

Sometimes, yes, though it is rare. A defendant, usually through their defense attorney, can ascertain statements and other information from individuals that the prosecutor intends to use as witnesses during trial. During the discover process, the prosecutor must provide the names and addresses of the individuals they intend to utilize as witnesses during trial, which gives the defense a clear indicator of who they should interview.

However, a prosecution witness is not under any obligation to speak with a defendant or their lawyer. Under no circumstances should a defendant conduct their own informal interviews or attempt to contact victims of a given crime, which may be viewed as intimidation by a judge.

In some cases, (usually serious felony cases, if at all) a judge may allow a defendant to take a deposition of a witness, though this isn't common.

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