Lawyer empeached client on stand help

[over70]

DUI trial in action, attorney had information of driving history that State Atty had, plus Client's Daughter advised him that there was a DUI 20+ years ago, said would not effect her at all, too old. ON STAND (after an otherwise good direct)asked client "You have never been in this situation ever before in your life or been in this situation Ms. XXX?" She did not recall the DUI as she was not put in jail, her answer was "no". Both Sate Atty's shot up and asked to approach the bench. She ultimately had to be asked about the episode some 20-25 years ago on the stand. She said yes but that was so long ago. The trial ended in a split 4against/2for. This case should have been open and shut. She was given no alternate FST tests for her injured foot and didn't blow above .08 on the meter. We had the jury. They couldn't remember if the two alernate tests (ABC/nose touching) were viable tests for DUI and the court said it couldn't advise them as that was the facts of the case. Either way we got a hung jury, he's wanting additional 2K for the trial, a Status Check is set for tuesday. How should this issue be brought to light as I don't think we would have had a hung jury if he hadn't damaged his client on the stand and took away her credibility. He opened the door, he never should have asked her. Please help as this 70 year old lady is emotionally distraught and it STILL isn't over!!!!!

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lkn

 

[Tracey]

She's stuck. If this happens again, the attorney should rehabilitate her by asking why she gave the wrong answer and telling the jury that this was not intentional lying, just forgetfulness.

OTOH, since you got a mistrial the first time, maybe the prosecutor will drop it or plead out to a non-moving violation with a stiff fine.

The lawyer wasn't legally incompetant and you can't prove that the jury would have acquitted without the comment.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[over70]

Tracey thanks for your quick response. I don't know what otoh means, but I would think a notable atty would not want to have this misstep known and should make some reparations by way of fees/aggressively persuing the State for dropped charges. If a new trial is made, can the testimony on the mistrial be used against the defendant? Believe me, if you knew the evidence, this was overkill on a border line charge at best. Why does it have to cost so much to defend yourself when you really are innocent and have an overzealous policeman. We were told that this was pretty much open and shut case as there was "nothing" based on the evidence that she could plead guilty to. We believed him and agreed. Court costs would be reimbersed upon motion after aquittal true or not true? please respond to this last (promise) request. thank again for responding.


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lkn

 

[Tracey]

otoh = on the other hand

I don't think the atty's misstep rises to the level of incompetance where you can demand free legal services. See what happens at the status check. State may decide to drop it now that they've heard all the evidence. Don't know about costs -- that's a matter of state law you should ask the attorney.

Previous trial testimony can be introduced to impeach the witness with a prio inconsistent statement, or when the witness is "unavailable" - refuses to testify, sick, etc. The old conviction shouldn't come in on the second trial if atty doesn't open the door for it AGAIN.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[over70]

I want to thank you for responding again and I will be sure to let you know what the outcome is, or if any new twists appear if your interested. Thanks again.

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lkn