Asked by Adversary to Speak for Opponent

[danielHW]

Jurisdiction

Georgia

I am unsure where to post this, so I can move it if need be.

A long story short- my father is held in prison under charges for aggravated assault. There are no witnesses to the crime and I am a few states away, but the adversary's attorney wants me to speak for them when it goes to court.

My primary concern is having a chance to speak for my father as a character witness. I know him better than most. His bond should be lowered soon and payed, but I am currently unable to talk to him about the situation.

How may I go about ensuring that I am able to speak for him?

 

[army judge]

How may I go about ensuring that I am able to speak for him?

I think you meant your father is being detained in a county jail.

If he is in prison, he has previously been convicted of a felony.

If he is in jail, you shouldn't speak about this over a telephone.

All telephonic communications between jail inmates and prison inmates are ROUTINELY recorded and can be used against the person at trial.

If you think you can help his case by testifying for him, you have two ways to do so.
You can write him a letter and indicate your willingness to testify at his trial.
He can then relay your request to his lawyer.

If you know the name of his lawyer, you can contact the lawyer directly and volunteer to testify at trial.

In some states most character witness testimony is done after conviction, during the penalty phase of the trial.

His lawyer will advise you further.

Whatever you do, DON'T discuss ANY aspect of the charges against your father over the telephone or via written correspondence.


Good luck.

 

[adjusterjack]

the adversary's attorney wants me to speak for them when it goes to court.

You mean the victim's attorney.

Don't do it. In fact, don't speak another word to the victim or the victim's attorney.

Contact your father's attorney and report what you have been asked.

 

[zddoodah]

A long story short- my father is held in prison under charges for aggravated assault. There are no witnesses to the crime and I am a few states away, but the adversary's attorney wants me to speak for them when it goes to court.

The adversary's attorney? Meaning the prosecuting attorney? What does "speak for them when it goes to court" mean? Who are "them"? And why does this attorney want you to do this?

How may I go about ensuring that I am able to speak for him?

You need to speak with your father's defense attorney. It might be the case that the attorney will want you as a character witness at a bail reduction hearing. Otherwise, character wouldn't be an issue until and unless your father is convicted, in which case character witness testimony might be offered as part of sentencing.