QUESTION

How does the impeachement of witness work when the witness has had prior charges and remaing charges? And how do you check a witness credibility?

Asked on Nov 20th, 2017 on Litigation - Virginia
More details to this question:
Guy is supposes to testify against me in an indictment case but he has had multiple chargers before and still has some now.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
It depends on what the charges were.  If he has been convicted of a felony or a crime of moral turpitude (that is a crime involving lying, cheating, or stealing) then that will put his honesty into question and you bring that up on cross-examination.  It does not mean he is lying, but it is something that the judge or jury can consider in weighing his credibility.  However, if his charges are still pending then you cannot use them against him, as he is innocent until proven guilty.  Of course, if you have been charged with a crime you definitely should have a lawyer and your lawyer should know all of this.
Answered on Nov 26th, 2017 at 10:12 AM

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