Legal Question in Criminal Law in Texas
Should a prosecutor tell a witness they do not have to speak with the defense attorney before trial? Is this not tampering with the defense discovery process?
Asked on 6/23/11, 1:46 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
I hate it when prosecutors do that but most judges will do nothing about it because technically it is true - NO witness has to talk to either the defense or the prosecution. It is not tampering because the prosecutor isn't telling the witness what to say or not say, and frankly is not telling them directly not to talk to the defense. But, it is crap.
Answered on 6/23/11, 1:52 pm
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