Copake, NY Criminal Defense Law Firms & Lawyers

The party calling the witness to the stand conducts a direct examination of that witness. Opposing counsel will then have a chance to cross-examine the witness. A basic rule of direct examination is that the attorney cannot ask leading questions. Leading questions are those that suggest the answer to the question. For example, on direct, the question, "Isn't it true you were driving a red car that night?" is a leading question. The question on direct should be asked, What color was the car you were driving that night?" Asked that way, it doesn't suggest the answer. When your lawyer gets up to cross-examine that same witness, he or she is allowed to ask leading questions. Another general rule is that during the cross-examination, the questions must relate to the subject matter asked on direct examination. (Questions pertaining to witness credibility and impeachment of the witness are also allowed.) As for bringing up and asking questions about an unrelated topic during cross-examination, while the general rule is no, you can ask permission from the judge and explain why you need to do it, and the Judge will make the call. Also, if you wait until the end of your cross-examination, and then tell the Judge you'd like to cross-examine the witness about external topics so that you don't have to recall her as your own witness on another day, the judge may agree, for the sake of judicial economy. If the judge refuses, you can ask that the witness be excused, subject to your recall. You can bring her back during your side of the case to ask her the questions you weren't allowed to ask during your cross-examination.

Police can pull over anyone if they have a reasonable suspicion that the person has committed a crime. In your case, it sounds like you may not have committed any crime, but it also sounds like the police were reasonable in suspecting that you did. My advice is to pay the fees and get that vehicle out of impound immediately. Then go to your court date for the fictitious plates. If they charge you with a misdemeanor, either hire a lawyer or ask the court for the public defender to represent you. If they file an infraction, then either plead not guilty and represent yourself, or hire a lawyer.

Yes. That's a crime. If you were sober enough to use the card then you were sober enough to know that it was wrong. There's nothing you can do now. Either you will be found out and prosecuted or you will slip through the cracks.