It can be hard to tell when a witness is lying. But courts have developed some tools designed to enhance the probability that witnesses will tell the truth on the stand…or make it more apparent if they’re not. One of those tools is the technique of ‘sequestering” or “separating” the witnesses.
You might hear an attorney move to sequester witnesses at the beginning of a hearing. If granted—and it almost always is—the judge will call up all the witnesses present, swear them in together, instruct them not to talk about their testimony with each other, and then send them out of the room.
Then they’ll be brought in one at a time to testify. The fact that they can’t hear what each other are saying should make them more likely to keep to the truth. And if they don’t, the fact that they can’t hear each other makes it more likely that if they stray from the truth, their points of departure will be more apparent. It’s hard enough to make up a cohesive, persuasive story if you’re all comparing details together. But if you can’t hear what another fib-teller says, it’s much more difficult to line up the details.
2. What does the “legal limit” of 0.08 really mean?
Many people think that if they get pulled over with a blood alcohol (BAC) level of 0.08 or more, they’re guilty of a DUI. While that might be frequently true, it’s not always true.
You’re probably familiar with the notion that you’re “innocent until proven guilty”, right? It’s one of the bedrock principles of Western law. It means that when you walk into a courtroom as an accused person on trial, you’re merely that: “accused”. It’s the prosecutor’s job to present enough evidence to move the needle from “innocent” to “guilty”. That’s one of the reasons why the prosecution goes first. If the prosecutor can’t present enough evidence to move the needle, the accused doesn’t even have to present any evidence. The case is over, and the accused walks out “not guilty”.
But a DUI trial where the accused has a BAC 0.08 or more is an exception to that scenario. Virginia law says that when you’re the defendant in a case where your BAC is over 0.08, you’ve already lost the presumption of innocence. You’re already presumed to be guilty.
Yes, during a DUI trial, you can be found “not guilty” and walk out without punishment. But the prosecutor’s job is easier. It’s like playing a baseball game where one team’s runners get to start on third base. It’s easier for them to make it home.
Many parents of teenagers are looking for ways to give greater freedom to their offspring. So they don't like the idea of micro-managing their 15-year-old's online activity, much less that of their child's friends.
But if your child's Facebook page contains racy or suggestive photos, or edgy, explicit language, your adversaries in a custody case can use those pages to generate an impression in the judge's mind about your parenting style…and it might not be as positive as you’d wish.
4. Imagine what you’re posting on Facebook, texting, or tweeting being seen or read by a judge in a criminal or custody case.
If you’re involved in a custody case, you might consider that the rules governing what evidence is admissible can be pretty broad. Certain evidence might be inadmissible for to other reasons, but strictly in terms of subject, basically anything that reflects on your ability to parent is fair game.
So, for example, you might not want to post pictures of yourself on Facebook driving in a reckless manner. Or you might not want to be growing marijuana in a pot on the front porch when a guardian ad litem comes to visit. Text messages to your ex filled with 4-letter words might make you feel better at the time you send them, but can be pretty devastating if your real goal is to expand the amount of time you have with your children.
Thomas L. DeBusk provides quality legal
representation throughout the New River Valley.
