Page 21 - Juvenile Practice is not Child's Play

Witnesses

There are a number of different people you may want to interview and possibly call as witnesses. Because there are so
many types of hearings in juvenile court, think about each person’s role in the case and for which hearings their

testimony might be useful.

When interviewing witnesses, it is best if you can have an investigator or other person asking the questions. If you are

the only person who was present when asking witnesses questions, and they subsequently change their story, it will be
very difficult to impeach them, and it may put you in a position where you would have to remove yourself from the
case.

Try to talk to all witnesses as soon as possible so that their memory is fresh. Try to prepare all of your witnesses for
trial. At the very least, give them all an idea of what to expect, what to wear, and how to behave. Try to observe the court
in which you will be appearing in advance to determine any idiosyncrasies.

Counsel your testifying witnesses as follows:
• Cut down on stammering, “ums,” “ers,” and “likes,” and other verbal tics.
• Avoid colloquialisms and slang.
• No fidgeting.

• Be polite to all court personnel.
• Dress appropriately (explain that this means no shorts, t-shirts, tank tops, baggy pants, and avoid popular
gang colors such as red and blue), and don’t chew gum in court.

• Go at a comfortable pace and tell the lawyer if you need a break.
• Pause before answering questions from opposing counsel (explain that this allows you time to object to the
question if it is improper).
• Stay calm and don’t get upset.

• Make sure to eat and drink sufficiently beforehand because court can take a long time.
• Tell the truth.
• Answer only what is asked, don’t volunteer additional information. Don’t guess.

• Don’t answer a question you don’t understand; rather, ask for it to be rephrased.
• If an objection is made, wait for the court to rule and follow the attorney’s instructions.
• Make sure the ends of sentences don’t sound like questions.

Your Client
Whether you want your client to take the stand is always a difficult decision. On one hand, jurors have a difficult time

finding a person not guilty if they do not testify to their innocence. On the other hand, the testimony can open