In the trial, do you make an opening statement like I see on TELEVISION?
Joey: As a formal procedure under most conditions, you ought to have an opening statement. Nevertheless, municipal courts and also justice courts often do away with those. You typically see a closing statement, yet seldom do you see the opening declaration that is the “shot listened to around the courtroom”. Usually they ask everyone if they’re ready for trial as well as they’ll tell the prosecution to call the first witness.
Speaking of witnesses, do you go across check out?
Joey: Absolutely, each time. There’s absolutely nothing much better compared to choosing a law enforcement officer apart on the stand when they can not confirm the case. I likewise cross examine any witnesses the state wishes to call and also I do not hold back. That’s your opportunity to tear them apart, and also the moment for being nice passed the second they claimed let’s most likely to trial. They didn’t provide you a fair offer or disregard it. So, then we’re at war.
Do you ever make a movement to disregard?
Joey: Absolutely. In some cases depending on the territory, I may have a relationship with the prosecution. I send them some instance regulation and state draw this or that documents. Take a look at the truths. Tell me just what you believe, as well as frequently the prosecutor will certainly call me back and also state, “Joey, I think you’re right. We don’t have standing”, and they reject it willingly. Often I submit a movement to disregard beforehand. Often I make my movement the 2nd I stroll in the courtroom, as well as occasionally something appears in trial, where case I will certainly move to dismiss once the prosecution relaxes as I don’t feel they’ve met their burden of proof. There are several locations to make the activity to reject.
Does the prosecution ever before make replies?
Joey: They have a right to do what’s called redirect. By method of description, there’s straight exam where the policeman is called and also the prosecutor will directly analyze him. After that I cross take a look at and when I tip down, they have the chance to redirect on anything that was reviewed in the cross examination. So, they have the chance to try and tidy up anything I poked openings in. I’m poking openings into that witness’s testament as well as credibility and certainly the prosecution is going to come back and also attempt cleansing it up. I don’t condemn them. However, my job is to poke a large enough hole that they cannot fill it in. I’m trying to obtain you off the hot seat.
Are you enabled to speak with the district attorney outside the courtroom?
Joey: Definitely. Quite often I have actually spoken with them before we ever walk into the courtroom. We have actually discussed the proof as well as we generally have an idea whether or not it’s mosting likely to go to trial. In the event I haven’t had the chance to speak to a person in advance, I will generally fulfill them in the courtroom. We’ll tip away for a minute and go over the realities and also situations and see if there’s anything to be bargained. If there’s nothing to be discussed, after that it’s got to be tried.
Can you make a pre-trial deal?
Joey: Definitely we can. We speak with the district attorney as well as occasionally they accept the law enforcement agent. That’s why I state it’s always best to be courteous. We could insist your civil liberties in a solid fashion, and also still be polite to the policeman. That goes a lengthy way because if they keep in mind that I’m a decent other as well as was just doing my job, then perhaps we can work something out. You see, the police officer’s point of view carries weight with the district attorney as the district attorney collaborates with them everyday. He’s going to see those officers extra on a regular basis than any kind of attorney in the state of Mississippi. He’s constantly mosting likely to put some weight to their opinion as well as exactly what they wish to do. But indeed, you can go as well as review pre-trial offers, and also frequently points work out before test. Sometimes they don’t, as well as sometimes it needs to go on trial.
