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classyT · Apr 26, 2012, 09:17 AM

Hello. I have a question concerning being a Character witness for a young man that use to come over to my house and hang out with my son in middle school and high school. This kid is in some serious trouble they say he robbed a known drug dealer ( I also know the drug dealer boy, he played soccer with my son when they were even younger and he too came over to my house). Anyway, the young man asked me to be a character witness along with my son in his trial starts on Monday.

Here is my question. I am most happy to stand up and say Mo is a great kid. I trusted him when he was in my home and I liked him or whatever it is they ask me. Where this gets tricky is I have a past issue through the court system. I have no record NOW. I was caught with prescription fraud in 2004 and it was plead to a misdemeanor and I had it expunged in 2008. Then I also did it again 2006 and I received treatment in Leui of a conviction. So I went through the program and probation for a year and passed with flying colors so that too has been removed from my record as well in 2008. Will I get asked about these two incidents? I want to help this young man, not hurt him and if they can make it out like I'm a druggy my character will be in question and I won't be a good witness for him. Does anyone know if they can bring these charges against me up?

RickJ · Apr 26, 2012, 09:29 AM

This is just my opinion:

Despite your good intentions, being a character witness for him could turn out bad, based on what you've said.

1. You will have to admit to knowing about his "troubles" if they ask you, and
2. You will have to admit to the prior crime yourself.

If you have to admit in court that you know of his and your criminal past, then that will not be helping him at all.

... that's just my opinion.

excon · Apr 26, 2012, 09:58 AM

Originally Posted by classyT

Does anyone know if they can bring these charges against me up?

Hello T:

Of course, somebody does..

There are TWO phases of a trial - the guilt or innocence phase, and the sentencing phase... Character is ONLY relevant during the sentencing phase. You can effect it in two ways, NEITHER of which puts your past in jeopardy, in my view...

You can WRITE a character reference letter, or you can appear.. If you appear in court, you're NOT going to be listed as a witness. Nobody is going to have TIME nor the inclination to investigate YOU. Sentencing happens quick.. The judge will read your letter and you'll be offered a moment to speak on his behalf...

If you'd rather NOT appear, a letter is STILL a big help. Judges DO take them into consideration.. Your friend should get 100's of them.

excon

AK lawyer · Apr 26, 2012, 10:16 AM

Originally Posted by classyT

... Will I get asked about these two incidents? ...

No. Probably not. Evidence of your prior bad acts, in this case, might not be relevant with respect to your present veracity It is for fraud, but the judge probably will not allow it. Because it was so long ago, etc.)

But, to be sure, make sure that the defense attorney knows about your record. Let him/her decide.

JudyKayTee · Apr 26, 2012, 10:30 AM

Originally Posted by classyT

Hello. I have a question concerning being a Character witness for a young man that use to come over to my house and hang out with my son in middle school and high school. This kid is in some serious trouble they say he robbed a known drug dealer ( I also know the drug dealer boy, he played soccer with my son when they were even younger and he too came over to my house). Anyway, the young man asked me to be a character witness along with my son in his trial starts on Monday.

Here is my question. I am most happy to stand up and say Mo is a great kid. I trusted him when he was in my home and I liked him or whatever it is they ask me. Where this gets tricky is I have a past issue thru the court system. I have no record NOW. I was caught with prescription fraud in 2004 and it was plead to a misdemenor and I had it expunged in 2008. Then I also did it again 2006 and I received treatment in Leui of a conviction. So I went thru the program and probation for a year and passed with flying colors so that too has been removed from my record as well in 2008. Will I get asked about these two incidents? I want to help this young man, not hurt him and if they can make it out like I'm a druggy my character will be in question and I won't be a good witness for him. Does anyone know if they can bring these charges against me up?

I'm confused about the "character witness at a trial" part of this - ?

And I absolutely agree with AK - I'd make sure that the young man's Attorney knows your past. I can't imagine that this is such a big deal that anyone will ask, but you are (apparently) testifying, the Judge is not accepting letters, and someone could ask when you're sworn in.

Let the Attorney make the decision. Have you communicated with the Attorney at all? I'd be VERY sure I knew and understood the charges, the procedure, what's gone on before before I stepped up to testify.

AK lawyer · Apr 26, 2012, 10:44 AM

Originally Posted by JudyKayTee

I'm confused about the "character witness at a trial" part of this - ? ...

"Yes, I know this young man since he was a child.

And, from such knowledge, do I believe it would be in his character to rob a drug dealer (or anyone, for that matter)? Definitely not! He has always been peaceful and gentle. He wouldn't harm a fly. Blah, blah, blah."

Fr_Chuck · Apr 26, 2012, 10:58 AM

I agree with Ex, you as a Character witness of a boy you knew before, honestly has little bearing on the court, but it is better than nothing if you have little else left and a plea deal did not work.

Since this is just talking about his character and does not sound like a big time public trial, I doubt anyone looks up your history, But yes they can, they can try to destroy your character to make it sound like you are just another criminal like him.

AK lawyer · Apr 26, 2012, 11:49 AM

Originally Posted by excon

... Character is ONLY relevant during the sentencing phase. ...

As I said before, not so. Character testimony is relevant to the question whether the defendant did the crime. See, for example, Federal Rule of Evidence 404 (a) (1).

classyT · Apr 26, 2012, 07:19 PM

Well I guess what I wanted to hear is there is NO way they could bring up my past if I testify as to his character. My records are expunged but I guess in court that must mean squat.

I want to help this kid. I'm sure he was invovled in wrong doing.. not sure he deserves to do 7 years. I will take your advice and ask his defense attorney. I would THINK he would want to talk to me anyway. I certainly can't be the only seemingly normal mom with a past. Plus my son who is going to be a witness knows nothing of my past shananagans. To him I am the greatest mom ever. June Cleaver. Sigh

Ex, I hope you are right and all they want is a letter... but so far Mo has asked for me to be there. UGH. My past always haunts me.

J_9 · Apr 26, 2012, 07:48 PM

Is this a jury trial? In some cases that I worked back in my legal days, it was common for the prosecutor to dig up all the "dirt" on any character witnesses so as to impugn your credibility and character.

Since you do have a drug related past and this is a drug related charge, it is possible that the defense attorney will excuse you for lack of credibility.

classyT · Apr 27, 2012, 03:58 AM

J_9

Yep it is a jury trial. You are probably right. I need to reach this attorney and tell him my past. My Son could still be a witness but it would have been a bigger help if I could have been.

classyT · May 3, 2012, 05:04 AM

Update:

My son and I were called to be witnesses yesterday. We just had to answer questions about the young man and if we had ever witnessed his temper. That was it. Easy peasy. Thought I would share.

RickJ · May 3, 2012, 05:14 AM

Originally Posted by classyT

Update:

My son and I were called to be witnesses yesterday. We just had to answer questions about the young man and if we had ever witnessed his temper. That was it. easy peasy. thought I would share.

Great! I'm glad it went smooth.

AK lawyer · May 3, 2012, 06:10 AM

Originally Posted by classyT

Update:

My son and I were called to be witnesses yesterday. We just had to answer questions about the young man and if we had ever witnessed his temper. That was it. easy peasy. thought I would share.

Thanks for getting back to us. Seems like it worked out well for you and your son. I take it "the jury is still out", with respect to your friend. :)

classyT · May 3, 2012, 11:05 AM

Thanks Rick!

Ak Lawyer,

No actually the jury found him guilty on all 4 counts... it is bad. I don't know what the mandatory sentence is in Ohio for aggravated robbery and kidnapping and felony assault.. but I'm thinking it can't be good.

I just wanted to help this kid. No father at home, his mother was never there. First time I met his mother was in court she was always out of the country when he was in high school. They are from somalia although Mo ( the young man) was born here. This kid basically raised himself. It sickening really.