Can the defense call a prosecution witness?

Yes.  The defense may call a prosecution witness during their case-in-chief.  Although unusual, there may be several important reasons for calling a prosecution witness on behalf of the defense.

First, the prosecution witness may simply be an eyewitness or someone who was reluctant to testify on behalf of the prosecution.  Calling them for the defense gives the defendant’s attorney the opportunity to question them more thoroughly examine them and allow them to tell their store.  It may also present them in a different light, as someone who is not necessarily there on behalf of the prosecution.

Second, there may be newly-discovered evidence that only this witness can address.  In this situation, calling a prosecution witness will be helpful to allow testimony about the evidence.

.
Call Us Today