Hey everyone, I was wondering… can you cross-examine a witness and bring your own witnesses to a preliminary hearing? I’m dealing with a tough situation where I think the prosecution’s witness is lying about something serious. I’ve got evidence on my phone to prove my side of the story, but my lawyer seems focused on going straight to trial, which I can’t really afford. What are my options here? Anyone know how this works?
Yeah, you can cross-examine witnesses and call your own during a preliminary hearing. It’s like a mini-trial to see if there’s enough evidence to go to a full trial.
Arden said:
Yeah, you can cross-examine witnesses and call your own during a preliminary hearing. It’s like a mini-trial to see if there’s enough evidence to go to a full trial.
Thanks! My lawyer didn’t mention bringing my own witnesses, though. How do I make sure they actually do it?
Arden said:
Yeah, you can cross-examine witnesses and call your own during a preliminary hearing. It’s like a mini-trial to see if there’s enough evidence to go to a full trial.
You’d have to push your lawyer to act on it. They should represent what you want, but if they’re not, maybe consider switching lawyers?
If your lawyer isn’t listening to you, that’s a red flag. You could hire someone else, but with your hearing on Monday, they’d have to ask for a continuance.
TwilightTrekker said:
If your lawyer isn’t listening to you, that’s a red flag. You could hire someone else, but with your hearing on Monday, they’d have to ask for a continuance.
Oh, I didn’t know they could ask for a continuance. Is it likely the judge would approve it?
TwilightTrekker said:
If your lawyer isn’t listening to you, that’s a red flag. You could hire someone else, but with your hearing on Monday, they’d have to ask for a continuance.
Depends on the judge, but it’s pretty common if you just hired a new lawyer. They’ll need time to prepare.
Wait, what do you mean by ‘cross-examine’? Is that where you question the other side’s witness?
Keller said:
Wait, what do you mean by ‘cross-examine’? Is that where you question the other side’s witness?
Yep, exactly. It’s when the defense gets to question the prosecution’s witnesses to poke holes in their story or test their credibility.
Keller said:
Wait, what do you mean by ‘cross-examine’? Is that where you question the other side’s witness?
Got it, thanks! Sounds like a good chance to show your evidence too?
Honestly, I’d try to communicate super clearly with your lawyer before switching. Let them know you want your witnesses heard at the preliminary hearing.
Yan said:
Honestly, I’d try to communicate super clearly with your lawyer before switching. Let them know you want your witnesses heard at the preliminary hearing.
Good advice. I’ll have a conversation with them today and see how it goes.