Preparing for Cross-Examination

If you’re headed for a trial on criminal charges and you’re determined to testify in your case, be prepared for a grueling cross-examination experience.  Prosecutors are adept at bringing out the worst in people on the stand, and they will undoubtedly be prepared to pepper you with unfriendly questions.

Their Goals 

Obviously, a prosecutor is determined to undermine you and your story by trying to catch you in misstatements and inconsistencies.  They will attempt to get you to confirm the facts that they have presented while damaging your credibility, all in the search for a guilty verdict. You can expect them to be strategic and to have a strong familiarity with your testimony in previous depositions and with evidence that points the finger at you.

Their Methods 

Prosecutors are famous for using leading questions in order to get you to agree with the premise of their question. It will limit your ability to add caveats and will gently, not-so-innocuously elbow you in the direction they want to take you. Each individual question will be dropped in order to focus on one particular fact and will likely be succinct and to the point in order to force you into their rhythm. They won’t care about your opinions—just the provable facts. The cross examination will be composed of both constructive and deconstructive questions.

Constructive Method 

Constructive questions are used to get tidbits from you that will help their case. The prosecutor may present as congenial, even though they are definitely not on your side. Don’t be fooled by this tactic to disarm you and make you feel comfortable enough to drop your guard.

Deconstructive Method

Here’s where the prosecutor is blatantly attacking your credibility by cutting you off, boxing you in, and challenging elements of your story. It can be unnerving to have someone looming before you with the goal of impeaching your testimony, and is definitely designed to make the prosecutor appear to be all-powerful while you sit in the witness box squirming.

They’ll Know Your Testimony in Advance 

A good prosecutor will have done their homework and will ask only questions that have predictable answers based on previous testimony or evidence they have. Should you meander from those areas, they will try to pin you down and make you look shady in front of the jury.

Facts and Credibility 

Your credibility will be judged based on how it aligns with the facts of the case and by your demeanor as you sit in the courtroom.  Remember, the eyes of the jury will be on you at all times.

Be Prepared 

The experienced Las Vegas criminal defense attorneys at Lobo Law will fight for the best possible outcomes for you. If that includes testifying at trial, count on rigorous preparation. To discuss, schedule a confidential consultation in our Las Vegas office today.

Source:

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