Queens County Bar Association
Martindale Hubbell - Distinguished 2023

How Should My Defense Attorney Handle Discrediting the Witness in the Allegations Without Hurting the Accuser?

If the accuser is a child, the very first rule when cross-examining a child is that under no circumstances should you attack or browbeat the child. The jury will make up its mind right then and there that the defendant is guilty. You have to be very soft when talking to a child, and ask them questions in a soft voice. You have to let their answers speak for themselves. In other words, try to get the child in the course of the conversation to contradict themselves, or to make statements that are obviously outlandish. Also, you’re going to have your own expert witness to explain to the jury how children, despite what it would seem, really do make up stories or imagine stories for all kinds of reasons. But, under no circumstances, should you try to overpower a child with your questioning, as you might do with a different witness. It won’t work, and you will lose the jury right away.

What Is False Memory As It Applies To Sex Crime Cases? Could This Be Used In My Defense If It Applies?

False memories can be used as a defense in a sex crime case. That’s one of the main reasons you want to have an expert witness. An expert witness can explain to a jury that false memories really do happen, and explain why they happen. You then try to tie that into the discrepancies and delays in the child’s testimony, which the people’s expert and district attorney will try to explain away. Your job is to show that these false memories or changes in the story did not happen.

I’m Going Through A Divorce And My Spouse Is Making False Accusations That I Have Sexually Abused Our Children. Will The Prosecutor Take This Into Account When Deciding Whether Or Not To Press Charges Against Me?

If your spouse is falsely accusing you of sexually abusing your children, in my opinion, the prosecutor will not greatly consider that when deciding to press charges. Prosecutors tend to simply believe what their alleged victims are telling them. It’s up to your attorney to convince a judge and jury that these accusations are indeed false. The prosecutors are not going to do it for you, despite the fact that they very well know that many custody and divorce issues result in these types of accusations, which are often false.

For more information on Criminal Defense, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 793-5700 today.

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