witness to an icident now been called to trial

[super_lotto]

hi i was a witness to an incident when i was walking back from talking my daughter to school> i basically saw someone throw something at someone else i no niether the victim or the person who did it. i asked the man if he was okand went on about it later in the day he caught up wit me and asked if i wud give a statement i was very unsure but gave hime my address incase he did go to the police. the nest nite the police came and asked me t give a statement i said no at first as i was reluctant to get involved as i have 2 saml children the police told me i wouldnt have to go to court and a written stament is enough. they also told me he lived out of town both lies> police told me he addmitted been there seein me and throwing something but not the thing i saw> i have now recieved a letter he is stating not guilty and its going to trial i really dont want to go im scared to death and i havent slept or eaten for to days none sop crying\, i feel like the police douped me and now im left having to go to court> is they any way i can retract my statement?? please help me

[Buenchico]

There are risks associated with withdrawing your statement. Please see my post here:
http://www.theanswerb...2.html#answer-5527041

This might help:
http://www.victimsupp...elp%20for%20witnesses

Chris

[super_lotto]

thanks for the links but im feeling pretty ill with this all

[Hopkirk]

Oh, I'd love to go to court.

Just think of it as fun, and a grand day out.

[super_lotto]

its not tho i mean this man i would class as dangerous and by what the police said no stranger to jail> i just cant deal with all this stress> i keep thinking that something bads gunna appen to me also about the police 'lying'

[Buenchico]

Don't worry about it. From your description of the offence, the charge will probably only be 'common assault'. While an offender can theoretically be given a short custodial sentence, it almost never happens. The offender is simply trying to avoid having to do a bit of community service. It's probably "no big deal" to him, and you shouldn't allow it to become so for you.

If I was advising the offender, I'd tell him to plead 'not guilty' and then wait to see if the witness turns up. If the witness arrives, change your plea to 'guilty', to try to get a bit of discount to the sentence through avoiding a trial. It's likely that the offender will be following that line anyway, so you might well find that no trial is necessary.

Chris

[Buenchico]

You're surprised by the police lying? You must be one of a very small minority then! I'd be more surprised if they told the truth!!!

[Maydup]

You'll be alright lotto, you'll just have to say what happened and you'll be done. Be yourself and don't worry about a thinkg.

Just think what a good turn you'll be doing and how much you'd appreciate it if the boot was on the other foot.

[super_lotto]

i got told by the witness support that he prob been advised to plead not guilty to see what the prosicuter bring. he is getting done for carrying an offenisve weapon abh and damage to property>>>> im worried abt the solicters ripping my story about i hardly remember the lil details as it was 5 months ago also its at crown court>>> im so frightend i just feel like im goin mad with worry

[super_lotto]

to be fair i must be very green>>>> i never thought abt not trusting the police rest asuried i wont do it again.....so basically i have no choice??

[Maydup]

Please try to stop worrying you're not the one in the dock. You will be asked to tell the truth and if the truth is you can't remember then just say that.

If you're not a brilliant witness so what? The worse that can happen is he gets off because you can't remember the details. Nothing will happen to you whatever you do as long as you turn p and do your best. Can you get a friend to go along with you?

[Barmaid]

Super_lotto - I understand how nervous you are. I will try and put your mind at rest. When you arrive at Court you will be taken to the Witness Suite by the Witness Care Team. They are generally very good and will talk you through procedure. You should also be introduced to the Prosecutor who will give you a copy of your statement to read. You will not have to sit with the general public or the defendant.

When you go into Court there will be the three magistrates (or one Judge), a court clerk, the Prosecutor, the Defence lawyer and the Defendant. There may be people in the public gallery but in the Magistrates Court this is relatively unusual.

You will be asked your name by the Prosecutor. He will then ask you to give details to the Court of what you saw, where you were etc. When the prosecutor has finished asking you questions, the Defence lawyer will cross examine you. This is not as horrid as legal dramas make it out to be. All the same, the defence will try and test your evidence with regards to the distance, any obstructions, lighting, angles. They will undoubtedly put your statement to you and try and suggest you are mistaken. You simply answer questions to the best of your recollection. Once you have given evidence you will be "released" and can then leave Court.

All you can do is tell the truth as you recollect it. There will be no ramifications on you if you don't recall something or are mistaken. There is no need to be worried and in fact the Magistrates will be grateful for the fact that you have attended to try and help them make a decision.

Whilst I can understand you are nervous, there is actually nothing to be worried about. Everyone will be kind and understanding to enable you to give the "best evidence".

[Barmaid]

I hadn't seen your post about it being at the Crown Court. Most of the procedure will be the same - its just the people in Court who will differ. There will be a Judge on the bench, a Court clerk in front of him together with a transcription officer. The Prosecutor and Defence barrister will be wearing wigs and gowns. There will also be a jury.

As Chris says, it is quite possible that he has been advised to plead not guilty to see if the witnesses turn up.

[Buenchico]

Barmaid's post crossed with yours, Super_Lotto, so she was unaware that it's the Crown Court, rather than the Magistrates Court. Don't let that worry you! I've done bit of court reporting (and sat in on many other court hearings). The atmosphere in most Crown Courts is usually far more relaxed than in stuffy, over-formal Magistrates Courts. (Pompous magistrates, and their clerks, often seem determined to make Magistrates Courts as forbidding as possible. Even the sternest of judges, on the other hand, seem far better at creating a very relaxed atmosphere in their courtrooms.

[Buenchico]

. . . and now my post has crossed with Barmaids!

[super_lotto]

thank you for trying to help me i have never had to do any of this and i suppose i just thought coz he had admitted it i wudnt have to its not the case with the not guilty plee i suppose im more worried that i dont remeber it well as the past two days i have thought of nothing but the incident obs still cant remember it as clear and even starting to doubt myself> im scared they try and make me out to be a lyer or my statement isnt the same as the other to and the victim and they are horrid to me

[super_lotto]

also i was on the undertandment that i have to turn up?

[Barmaid]

As a matter of common sense, you are not known to either the Defendant or the "victim". There is therefore little reason for you to lie. The Defence will more likely than not put their case that you are mistaken. It matters not whether your "story" is the same as the victims. you can only recount what you saw and you will have your statement beforehand to refresh your memory. Defence is unlikely to be "horrid" to you in these circumstances - after all, that is the easiest way to lose the sympathy of a jury.

[Buenchico]

If the matter does actually go to trial (which I still doubt anyway), the offender's barrister is obliged to question any apparent discrepancies or inconsistencies in your statement or your evidence to the court. (That's his job).

However the intense, aggressive questioning which you see in TV dramas is largely fictional. (Barmaid is a barrister, and I feel confident that she'll agree with me). You'll simply be asked, by the prosecution barrister, to say what you saw. The judge will invite the defence barrister to question you. He'll probably try a couple of quick questions to see whether you're likely to waiver in your evidence, and then indicate that he has no further questions. You'll be in and out of the courtroom within a few minutes.

[Buenchico]

Crossed posts again!

. . . but the message is still the same: The chances of you having to face the type of hostile questioning which you see in TV dramas is effectively ZERO.

[super_lotto]

i suppose it stupid tv that makes me think that> i sort of just worried abt the whole thing> i havent lied about anything and i suppose im just scared as to me its abig thing ive never been in trouble wit the police or ever been a witness to anything its made me ill the past to day and all different ppl giving me 'advice' i can say that u have put my mind at ease to a certain extent