Washington Court House, OH asked in Criminal Law for Ohio

Q: If I am a witness for the defense can the prosecutor add me as a witness to their side?

I was a witness in a criminal trial for the defense. I went and spoke to law enforcement to advise them of what happened just prior to the alleged crime At the trial the defense attorney asked for a separation of witnesses. I was subpoenaed in the courtroom, forced to leave, and then never called as a witness. The prosecution and defense attorney left out what I told them. Other witnesses for the prosecution supported what I said and they were called and told not to appear. The only defense offered was the burden of proof. Also, the evidence offered was closed in a paper sack and never opened in court. The DNA expert testified what was in the bag was what her analyst ran a DNA trace on, but she testified she did not see the contents at the lab and she could not see through the closed bag

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2 Lawyer Answers
Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: You did not state the outcome of the case. If it was guilty and you had. Evidence that helped the defense the defendant may want to retain a lawyer and look. Into an ineffective assistance writ.

1 user found this answer helpful

Patrick DiChiro
Patrick DiChiro
Answered
  • Criminal Law Lawyer
  • Independence, OH

A: The Answer to your question is yes. If you are a defense witness and the prosecutor knows about you and thinks there is something that you can add to his or her case, then they can add you to their witness list. The opposite is also true. Many times as a defense attorney, I put a witness that is a prosecution witness on my witness list. I do this because maybe there is something they can add to my defense.

Best wishes,

Pat DiChiro

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