Guidance for Victims and Witnesses

Preparation for Court

• Please be on time. Consider travel time and parking availability well in advance.
• Prepare, but don't try to memorize answers. Just spend some time recalling relevant facts.
• Dress neatly.
• Don't chew gum or talk with your hands in front of your mouth.
• Stay away from jurors. Don't talk to jurors, even on a subject not connected with the case.
• Don't be discouraged by delays.

Testimony in Court

• Tell the truth. Never exaggerate. Anything but the truth can discredit a witness or victim and weaken the case.
• Pay attention. Listen carefully and ask for an explanation if you don't understand the question.
• Answer only the question asked. Don't volunteer information during your testimony. Tell pertinent information to the Deputy District Attorney prior to being called to testify.
• Take your time. Think about your answer.
• Don't guess. If you don't know, say you don't know.
• Explain your answer if necessary. If you can't answer correctly with a simple “yes” or “no,” ask the judge if you can explain.
• “Have you talked to anyone about the case?” Answer frankly. Mention the police, prosecutor, investigators, the victim, family, and anyone else you may have discussed the case with.
• Be serious.
• Speak clearly and loudly. Don't shake your head for a “Yes” or a “No.”
• Don't lose your temper. Stay calm.
• Be yourself. Judges, jurors, and attorneys appreciate sincerity.
• Stop talking when the judge interrupts you or an attorney objects to a question
• Don't give conclusions or opinions. The judge and jury are only interested in facts.

Common Legal Terms

Acquittal: A final judgment by a judge or jury that the prosecution has not proven guilt beyond a reasonable doubt.

Calendar: The list of cases set in the same court on the same date.

Complaint: A written accusation filed by a prosecutor in court accusing one or more persons of committing one or more crimes.

Continuance: A delay in court proceedings, which is often a defense tactic to wear down witnesses and victims. Deputy District Attorneys vigorously oppose continuances but delays occur.

Cross-examination: Questioning of a witness by an attorney following direct examination by the attorney who first called the witness.

Direct-examination: Questioning of a witness by the attorney who first called the witness.

Discovery: Pretrial procedure in which the defense receives the prosecution evidence, including witness statements, police reports, scientific examinations, etc.

Information: A written accusation in felony cases filed in Superior Court by a prosecutor following a preliminary hearing in Municipal Court.

Motion: A formal request by either the prosecution or the defense for a judge to hear and decide a disputed issue in a case.

Overruled: A judge's ruling that an attorney's objection is improper.

Plea: The response by a defendant to formal charges in court. Pleas include “guilty,” “not guilty,” “nolo contendere” (no contest), or “not guilty by reason of insanity.”

Restitution: A payment by a criminal defendant to a crime victim for financial losses or personal injury caused by the crime.

Sustained: A judge's ruling that an attorney's objection is proper.

Witness Intimidation

It is a crime to prevent, or attempt to prevent, a witness from cooperating or from testifying. Witnesses should report such actions to the investigating officer and/or prosecutor who will provide protection and prosecute the crime.

District Attorney Victim-Witness Assistance
(213) 974-7499

District Attorney Witness Assistance
(213) 974-3575