How to Prepare for a Criminal Trial as a Witness

Witnesses are vital to both the prosecution and the defense to help establish the guilt or innocence of a defendant in a criminal trial. You should prepare for the opposing attorney to thoroughly cross-examine you. That attorney may even call your character or competence as a witness into question. Here are some tips to help you prepare.

Instructions

• Be aware that you will receive a subpoena that calls you as a witness, and that you are legally compelled to appear in court. A warrant may be issued for your arrest if you fail to appear at the appointed time.

• Understand your purpose for being called as a witness. Witnesses are not always called because they saw the crime in question take place. Attorneys frequently ask witnesses to provide information on the character of the defendant or to offer special expertise to the court.

• Contact the attorney representing whichever side (prosecution or defense) summoned you as a witness. Speak with the attorney about the role he or she expects you to play in the criminal trial and the information you should give. It is the lawyer's duty to prepare you thoroughly for your testimony.

• Tell your employer that you have been called as a witness. Your employer is obligated by law to permit you time off to testify in a criminal trial. Your employer may grant you paid leave, but it is generally not required by law.

• Make travel arrangements to get to the courtroom well in advance. If you must travel a long distance and incur considerable expense, you may be eligible for reimbursement. Witnesses are generally responsible for arranging their own accommodations. Discuss this with the lawyer(s) representing the side that summoned you.

• Notify the court immediately if you have any special needs (such as physical disabilities), or if any special circumstances (such as impending major surgery) might prevent you from testifying in court.

• Get in touch with the United States Attorney's Office (see the Resources section below) or the state equivalent if you need assistance before, during or after the criminal trial you testified in.

Tips & Warnings

• Law prohibits anyone from threatening, intimidating, suborning or tampering with witnesses in criminal trials. Report any such activity to the police immediately.

• Being a witness may have psychological consequences, particularly if the matter before the court is of a serious or graphic nature. You should discuss options to deal with any such repercussions with the attorney who called you as a witness.