Download E-Card
DUI, DWI; DWI/DUI; driving under the influence; driving while intoxicated; Rockingham County Virginia

Practice Areas

Library

Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving

view all


Blog Category:
11/17/2008
Bob Keefer
Comments (0)

Greenville Virginia VA DUI/DWI Lawyer Bob Keefer: Cross Examination is how your Lawyer should make the Government prove its case




Justice White in United States v. Wade held:

But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but, absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. The State has the obligation to present the evidence. Defense counsel need present nothing, even if he knows what the truth is. He need not furnish any witnesses to the police, or reveal any confidences of his client, or furnish any other information to help the prosecution's case. If he can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure or indecisive, that will be his normal course. Our interest in not convicting the innocent permits counsel to put the State to its proof, to put the State's case in the worst possible light, regardless of what he thinks or knows to be the truth. Undoubtedly there are some limits which defense counsel must observe but more often than not, defense counsel will cross-examine a prosecution witness, and impeach him if he can, even if he thinks the witness is telling the truth, just as he will attempt to destroy a witness who he thinks is lying. In this respect, as part of our modified adversary system and as part of the duty imposed on the most honorable defense counsel, we countenance or require conduct which in many instances has little, if any, relation to the search for truth.
 
Here is another great case dealing with cross-examination and the right to confer with counsel after direct exam is completed:

Perry v Leeke 488 US 272 (1998).  The holding in Perry, supra, applies to all witnesses.  As the US Supreme Court stated:

Accordingly, it is entirely appropriate for a trial judge to decide, after listening to direct examination of any witnesses, whether the defendant or a non defendant, that cross-examination is more likely to elicit truthful responses if it goes forward without allowing the witness an opportunity to consult with third parties, including his or her lawyer. . .  [T]he truth-seeking function of the trial can be impeded in ways other than unethical "coaching." Cross-examination often depends for its effectiveness on the ability of counsel to punch holes in a witness' testimony at just the right time, in just the right way. Permitting a witness, including a criminal defendant, to consult with counsel after direct examination but before cross-examination grants the witness an opportunity to regroup and regain a poise and sense of strategy that the unaided witness would not possess. This is true even if we assume no deceit on the part of the witness; it is simply an empirical predicate of our system of adversary rather than inquisitorial justice that cross-examination of a witness who is uncounseled between direct examination and cross-examination is more likely to lead to the discovery of truth than is cross-examination of a witness who is given time to pause and consult with his attorney.  Perry, supra, at 282.

Bob Keefer represents people charged with DUI/ DWI, traffic tickets, speeding tickets and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Page County, Virginia; Luray, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia

 

Bob Keefer also represents people charged with DUI/DWI, traffic tickets and reckless driving in Broadway, Virginia; Grottoes, Virginia; Elkton, Virginia; Massanutten, Virginia; Timberville, Virginia; Dayton, Virginia; and  Mount Crawford, Virginia; New Market, Virginia (VA); Mount Jackson, Virginia (VA); Toms Brook, Virginia (VA); Strasburg, Virginia (VA); Edinburg, Virginia (VA).

 

Bob Keefer also represents people with these charges in Churchville, Virginia (VA); Craigsville, Virginia (VA); Crimora, Virginia (VA); Fishersville, Virginia (VA); Fort Defiance, Virginia (VA); Greenville, Virginia (VA); Grottoes, Virginia (VA); Jolivue, Virginia (VA); Lyndhurst, Virginia (VA); Mount Sidney, Virginia (VA); Mount Solon, Virginia (VA); Sherando, Virginia (VA); Spring Hill, Virginia (VA); Steeles Tavern, Virginia (VA); Stuarts Draft, Virginia (VA); Verona, Virginia (VA); Weyers Cave, Virginia (VA).

 

Bob Keefer also represents students at James Madison University JMU, Bridgewater College, Eastern Mennonite University EMU, and Blue Ridge Community College charged with alcohol offenses such as underage possession, DWI/DUI and possession of marijuana.

 

 



Category: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving


There are no comments.

Post a comment

Post a Comment to "Greenville Virginia VA DUI/DWI Lawyer Bob Keefer: Cross Examination is how your Lawyer should make the Government prove its case"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Username:*

Password:*

Register for an account

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]