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I witnessed (heard) an alleged crime a long while back and was recorded as a witness by the police. Recently, I received an email from the defendant's lawyer requesting contact information and asking me to answer some questions.

Do I have to respond? Does the report I gave to the police not qualify as all the information the lawyer would need? Is this just more helpful information for the lawyer?

I understand that I could be subpoenaed as a witness if the case goes to trial, but do I need to respond to lawyers before then?

Heathcliff
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3 Answers3

38

You don’t have to talk to the lawyer

However, if you don’t it’s very likely you will be subpoenaed. Then you’ll have to talk to them at a time and place of their choosing rather one that’s mutually agreed.

Dale M
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Responding to the email may deflect any further action by the defense lawyer - for example if you ignore it they may decide that you are a "hostile witness" and act accordingly.

On the other hand, if the alleged crime occurred a long time ago and you made a statement to the police as part of their initial investigation, it would be perfectly reasonable to make a reply such as

"I made a police report about this matter on [date]" (and add "at [location]", if the incident happened at a different place from where you lived either then or now), "and I do not have any more information to add to it."

I don't know the details of US legal procedure, but in the UK, if you make a formal witness statement to the police you do not get a personal copy of that statement, so you don't have any record of exactly what information you gave at the time. Most likely, the defense lawyer is looking for you to make some contradiction of what was in the original statement, which can then be used to discredit it by cross-examining you in court.

alephzero
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5

The Sixth Amendment protects a criminal defendant's right to a fair trial against government interference, but it does not protect against interference from private actors such as yourself.

If you'd like to thwart the defense lawyer as they try to understand what happened and ensure their client gets a fair trial, you have that right under the First Amendment, at least until you receive a subpoena, as you noted.

Community
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bdb484
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