How does a pro se defendant testify

Police officers also should anticipate and prepare for the special challenges and potential pitfalls of testifying in a case with a party proceeding without an attorney. Whether the case involves a traffic citation, a criminal charge, or a civil case, an officer must interact professionally with an unrepresented party, who may be referred to as a self-represented litigant, a pro per party or a party proceeding pro se.

Although some self-represented parties can cause a case to be more challenging for witnesses and other participants, self-represented litigants are deserving of respect. When being examined by a pro se party, the officer may be frustrated by questions that are not easily answered or may seem to be more a statement than a question.

It is no place for someone to represent himself or herself. Ly fortunately will get another chance at trial, but if he is smart he will retain an attorney to represent him.

We strongly recommend that anyone who is facing a federal criminal matter in Miami or anywhere in the United States to hire an attorney with a substantial amount of federal court trial experience and who is knowledgeable in federal criminal law. Only ask questions when you know the answers. You should not ask the witness a question if you have no idea how he or she will answer it.

Often, a witness for the other side might consider you to be an opponent, or the witness may feel that you are trying to trick him or her with questions. Either way, that witness will probably not be trying to help your side of the case.

Listen carefully to what the witness says. This way, you may ask helpful follow-up questions or realize when it is time to stop asking questions. Even if you realize you have not gotten all of the information you wanted but you have come as close as you can, it is sometimes a good idea to stop before the witness has the opportunity to say something that could hurt your case.

Some facts that the witness remembers may be helpful to you or show that you are giving the correct version of events. Therefore, you should write down anything the witness says that is useful and ask questions in order to get out the same information. Project a confident, take-charge attitude. Using a sarcastic tone or appearing to be angry at the witness will not help your case. Keep a poker face, even when you hear an answer that you know is not good for your case. This way, the judge or jury will not see the answer as one that weakens your case.

If you seem upset by the answer, the judge or jury will be drawn to the weaknesses in your case. Remember, you do not have to ask any questions if you do not want to! This page location is:.

Toggle navigation. Think about why each witness is in court to testify. Think about what each witness has to say. Avoid asking questions about unrelated topics Some important rules for cross-examination are: Only ask questions about subjects related to the case. Goals of Cross-Examination Ask questions to get the information that is most important to your case and listen carefully Do not ask too many questions.

Stay in charge!