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HomeMy WebLinkAboutVictim Assistance ProgramPlanning Your Trip to Court Most witnesses naturally feel nervous about appearing in court because they do not know what to expect. You may have questions 'about transportation, child care, directions as to where to go and v%hat time to appear, witness fees, etc. . Your Victim Assistance Counselor will be happy to provide you with information and support to help make you feel confident about the experience of testifying in court. The sole purpose of the counselor is to help you. The Trial In many felony cases, the only contact witnesses have with the prosecutors comes at the pretrial interview and at the trial. Normally, when the trial date has been set, you will be notified by a subpoena - a formal written order from the court to appear. After receiving the subpoena, immediately call the Deputy Prosecutor whose name appears on the subpoena. You should be aware that a subpoena is an order of the court and serious penalties can occur for your failure to appear as directed on that subpoena. Check your subpoena for the exact time at which you should appear. If for any reason you are unable to appear as the subpoena directs, you should immediately notify the Deputy Prosecutor or the Victim Witness Counselor who is working with your case. COUNTY OF HAWAII is * -1 OF Np EVERYTHING YOU ALWAYS WANTED' � TO KNOW ABOUT... OFFICE OF THE PROSECUTING ATTORNEY East Hawaii Unit West Hawaii Unit 655 Kilauea Ave. 81 -890 Halekii St.#150 Hilo, Hawaii 96720 Kealakekua, Hawaii 96750 Phone 934 -3306 Phone 322 -2552 Victim Assio'stAiicc Pro5r,xm DEPUTY PROSECUTOR VICTIM/WITNESS COUNSELOR '� L , 'C'.4_n Is MO Testifying How to Testify in Court I. As a witness, you must wait outside the courtroom until it is your turn to testify. The Victim Witness Counselor can ac- company you. II. When your name is called by the court clerk, you will be asked to step to the witness stand, take an oath of truth and then be seated. III. It you have been called by the State, the Deputy Prosecuting Attorney will first ask you questions. This is called "direct" ex- amination. IV. Following the Deputy Prosecutor's ques- tions, the Defense Attorney will begin to ask you questions. This is called a "cross" examination. YOU ARE IMPORTANT- By testifying in a criminal trial, you are per- forming an important public service. You will know that you have done your best to make your community a safe one in which to live. The Prosecuting Attorney appreciates your time, effort and patience. !ti Suggestions to Help Prepare You to Testify 1. Relax, and always TELL THE TRUTH. As long as you respond truthfully to the best of your ability, you will have no problems testifying. 2. Listen carefully to the questions asked. Be sure that you understand each question before you attempt to give an answer. You cannot possibly give an accurate answer unless you understand the question. Ask that the question be rephrased until you are able to understand -what is being asked. 3. Take your time, and think before you speak. 4. Speak in your own words. There is no need to memorize what you are going to say. Doing so will, make your testimony sound rehearsed and unconvincing. Be yourself, and prior to trial, review in .your mind those matters about which you will be questioned. 5. Testify only to what you know. Do not testify on what you may have heard from others (even if you believe the information to be true), UNLESS an attorney specifically asks for that kind of information. 6. Speak loudly and clearly enough so that everyone in the courtroom can hear you easily and so that the court reporter can make an accurate record. Do not merely nod your head to indicate "yes" or "no ". 7. Avoid distracting mannerisms, such as placing your hands in front of your mouth or slouching in the witness chair. 8. Keep your cool! If you lose your temper you may appear. biased and your testimony may be discounted. Be courteous to all in court. 9. Remember that what you wear will make an impression. A neat appearance is important in court. 10. Stop immediately when either attorney objects to a question. Wait until the judge makes a ruling -on the objection. "Over - ruled means you must answer the question. "Sustained" means you do not have to answer the question. 11. It is all right to look at the jury and state the facts. Jurors are sympathetic to the witness and want to hear what you have to say. 12. Steer clear of jurors, during any recess. To approach a juror is to invite suspicion, even though it may be on a matter not related to the trial. 13. Anytime a person tells the same story twice, no matter how carefully, there are likely to be some inconsistencies. If this occurs, simply tell the best recollection you have of what happened and if there is an explanation for the inconsistency; give it. 14. Once the trial starts, you will not be permitted to discuss your -testimony with anyone except the attorneys involved in the case.