An Irvine criminal defense lawyer can advise you, specific to your case, regarding the likelihood of obtaining the names of witnesses. Obtaining the identity of witnesses depends on the criminal rules of the jurisdiction where the case is being heard. In some jurisdictions, obtaining the names of witnesses lies in the complete discretion of the judge hearing the case. The judge will consider a number of factors when deciding whether or not to release the identity of witnesses. For instance, was violence involved in the matter, and has the defendant previously been arrested for violent matters? If so, would providing the identity of witnesses jeopardize the likelihood of witnesses showing up to testify for the prosecution? On the flip side, are the allegations complicated, perhaps occurring over a long period of time? Are the resources of the accused needed to defend and prepare the case limited such as to cause an unfair hardship on the defendant? The court will weigh these and other factors before deciding whether to release the names.
If the court is unwilling to disclose the identity of witnesses, anIrvinecriminal defense lawyer can still attempt to acquire those names through informal processes. The names can frequently be found in documents that must be disclosed through the formal legal discovery process. For instance in fraud cases, the sought after names can often be found in the corporate record books, ledgers, etc., which can be obtained through the document request process. An Irvine criminal defense attorney may also acquire the names through her course of discussions with prosecutors and co-counsel.
Contact Staycie Sena, Irvine criminal defense lawyer, today for a free consultation regarding your criminal matter.