Mahoney

  • Our Team
    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
      • Georgia Pasqualone
      • Roisin
  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
      • Federal Defense
      • Probation Violations
      • Restraining Orders
      • Professional Misconduct
      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
      • Hate Crimes
      • Appeals
      • Clerk Magistrate Hearings
      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
      • College Crimes
      • Title IX Investigations
      • Juvenile Law
      • Estate Planning & Asset Protection
      • Last Will and Testament
      • Representation Before DCF
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
  • Mahoney in the Media
    • In the News
    • TV Appearances
  • Testimonials
  • Blog
  • Contact

Cross-Examination Tips: Witness’s Deal

March 20, 2012 by Kevin Mahoney

How to Cross-Examine the Witness Who is in the Prosecutor’s Pocket

If a Boston criminal defense attorney has been practicing for any length of time, he well understands that it is common practice for prosecutors to make deals with witnesses in exchange for their testimony. The prosecutor may have agreed to a written deal establishing immunity for the witness, guaranteeing a plea bargain on lesser charges, or promising a positive word from the prosecutor at the witness’s own sentencing. Your Boston defense lawyer must know how to effectively cross-examine these witnesses to expose their incentive to please the prosecution.

When I know that a witness has made a deal with the prosecutor, I confront him with the following:

  • He is facing criminal charges of his own; if he is convicted or pleads guilty, he is facing a mandatory minimum prison sentence of years.
  • The evidence against him, in his own case, is overwhelming;
  • The prosecutor in the present case is the same prosecutor who will be handling his criminal case;
  • The prosecutor can reduce the charges;
  • Whether or not to reduce the charges is within the prosecutor’s sole discretion;
  • His own attorney has no means to force the prosecutor to reduce the charges;
  • A judge has no authority to reduce the charges or to force the prosecutor to reduce the charges;
  • If the prosecutor does not reduce the charges, the judge will have no choice but to impose the mandatory minimum sentence;
  • The witness and the prosecutor have signed an agreement, without the involvement of a judge or a jury;
  • Pursuant to this agreement, the prosecutor will reduce the charges against him and recommend a substantially reduced sentence — if he fulfills his part of the agreement by providing substantial assistance to the government in its efforts to obtain a conviction against the defendant by testifying against him;  
  • The prosecutor alone determines if he has provided substantial assistance;
  • If the prosecuter determines that he has not provided substantial assistance to the government with his testimony, the agreement is invalidated;
  • Neither he nor his criminal attorney can force the prosecutor to conclude that he provided substantial assistance; and,
  • If he fails to impress the prosecutor with his testimony, he will be sentenced to the statutory mandatory minimum sentence.

These facts, taken as a whole, should discredit the witness in the eyes of the jury. Even if the witness has not yet explicitly reached an agreement with the prosecutor, these questions can be modified to demonstrate that witness’ testimony is motivated by the prospect of a sweetheart deal.

Kevin J. Mahoney is a Boston area Criminal Defense Lawyer and author of the best selling book, Relentless Criminal Cross-Examination.

  • Author
  • Recent Posts
Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
Kevin Mahoney
Latest posts by Kevin Mahoney (see all)
  • Secretary Betsy DeVos: Slowly Remaking Title IX Investigations - August 2, 2018
  • The Shooting of Kathryn Steinle - January 2, 2018
  • Massachusetts House Passes Major Criminal Justice Bill - December 7, 2017

About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

    text

  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

    text

  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

    text

  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

    text

Call 617.492.0055

Available to Respond to Emergencies
24 Hours a Day

Directions

Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
© 2019 Mahoney Criminal Defense Group.
All Rights reserved. Privacy Policy | Disclaimer
footer-logo

For a Free in-office Consultation Call 617-492-0055

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
  • Practice Areas
  • Areas we serve
  • Mahoney In the Media