What to Expect if You Are Called to Testify in a Long Island Criminal Trial

What to Expect if You Are Called to Testify in a Long Island Criminal Trial

Being called as a witness in a criminal trial can be an intimidating experience. Even if you’re not the defendant, having to take the witness stand and testify under oath is nerve-wracking. This article will walk you through what to expect if you find yourself subpoenaed to appear in a Long Island courtroom.

The First Step: Receiving the Subpoena

If either the prosecution or defense wants you to testify in their case, you’ll receive a subpoena. This is a court order requiring you to be present on a specific date and time to give testimony. It will likely come in the mail, but some process servers may attempt to personally deliver it to your home or work.

Once you receive the subpoena, you are legally obligated to appear. If you fail to show up, the judge can hold you in contempt of court, potentially leading to fines or even jail time in extreme cases. So when that notice arrives, make sure to calendar the court date.

Preparing Your Testimony

Before you ever set foot in the courtroom, take time to prepare. The lawyer who subpoenaed you may request a meeting where you’ll discuss the case and go over your potential testimony. This is their chance to understand what you know and ensure you’re ready to take the stand.

If you don’t meet with the lawyers beforehand, review any documents related to the case and refresh your memory. Make sure you understand the factual background and your role. Organize your recollections so you can recount events clearly and accurately under the pressure of questioning.

You’ll also want to think through what you’ll wear. Courts require formal attire, so dress professionally. For men, that’s likely a suit and tie. For women, a business dress or pantsuit works well. You want the judge and jury to see you as credible and trustworthy. Your appearance can influence those perceptions.

Arriving at the Courthouse

On the day you’re set to testify, arrive early, especially if you’ve never been to that courthouse before. Give yourself time to get through security, find the right courtroom, and speak to the lawyers.

In the courtroom, a deputy will likely direct you to a waiting area reserved for witnesses. Here you’ll stay until the judge calls your name and it’s time for you to be sworn in. Use this time to continue preparing yourself mentally while waiting.

When the court officer calls your name, walk to the front of the room and take the witness stand. This is a seat facing the courtroom, positioned next to the judge’s bench. The court clerk will then swear you in, requiring you to take an oath to tell the truth.

Answering Questions Under Oath

Once sworn in, the questioning will begin. Pay close attention and always tell the truth, no matter which lawyer is asking the questions. Even small lies can undermine your credibility as a witness.

The lawyer who asked you to testify will perform the initial questioning. This is called direct examination. They’ll ask you to recount facts and events relevant to the case. Stick to answering just the question asked without volunteering additional information. Keep your responses clear and concise.

After the direct exam finishes, the opposing counsel will get a chance to cross-examine you. They may try to poke holes in your testimony, highlight inconsistencies, or otherwise rattle you. Stay calm and continue answering honestly. Don’t argue back. If you don’t know or can’t recall something, just say so. Speculating could get you in trouble.

When the questioning finishes, the judge will excuse you from the stand. However, don’t leave the courthouse just yet. You may need to return for additional testimony if either lawyer wants to ask you follow up questions. Expect to remain available until entirely released from your subpoena duties.

Understanding the Rules of Testimony

While on the stand, it helps to know a few key rules that govern witness testimony:

• You must answer questions directly related to the case. Claiming a privilege not to testify requires permission from the judge.
• Always tell the truth. Lying under oath constitutes perjury, which carries stiff penalties.
• Stick to your personal knowledge. Speculation about events you didn’t witness yourself is generally prohibited.
• Only testify about facts. Offering opinions is usually forbidden for non-expert witnesses.
• Avoid hearsay by only discussing direct conversations and observations. Relaying second-hand information often violates evidentiary rules.

If at any time you don’t understand a question or procedure, ask the judge for clarification. They’ll provide guidance to ensure proper courtroom practices.

What Happens After Testifying

Once excused from the stand by the judge, you’re free to exit the courtroom. However, you may still need to return if called back for additional testimony later in the trial. Until the lawyers rest their cases, remain available in case the court needs you.

When the trial concludes, the subpoena will no longer compel your presence. You’ll walk out of that courtroom unburdened from the obligation. However, understand that your testimony lives on as part of the case record. Appeals or other post-trial motions could result in someone reading or hearing a transcript of what you said.

Testifying in court plays a vital role in the justice system. While intimidating for some, being a witness allows you to share facts that influence the outcome. Preparation and understanding the process helps ease the stress. With the right mindset and support, you can become a credible voice in the courtroom.