An experienced criminal defense attorney explains Connick v. Thompson and prosecutor’s liability for Brady Violations. Facts: Louisiana convicted Mr. Thompson of armed robbery in one case, murder in another case, and sought and obtained a death sentence against him. The same District Attorney assigned the same lead DA to each case along with 2 other…
Lawyers in a criminal case (the prosecutor and the defense attorney) cannot encourage witnesses from refusing to speak to the other lawyer about the case. However, as one court said, “[i]ndeed, witnesses have a choice whether to speak with counsel […]” about what they have seen and heard. Nonetheless, it is improper for an attorney…
It is a general rule of law that attorneys are not permitted to impede the investigations of witnesses conducted by other lawyers. This is particularly true in criminal law, where depositions are generally not conducted. Example of Lawyers Impeding Investigations The following is an example of a lawyer improperly interfering with the investigation of another…
It is not only criminal defendants that have been formally charged with a crime that have 5th Amendment rights. Witnesses called to testify in the trial of another person may also have 5th Amendment rights. What is the 5th Amendment Right? The right to remain silent, or right against self-incrimination, is found in the 5th…
The attorney-client privilege is intended to protect the client in the attorney-client relationship. Its purpose is to encourage clients to be open and honest with their lawyers. Where the Protection May be Found In Colorado, there is a specific statute setting forth the requirement that an attorney not be examined without the consent of his client about any…