1. Administrative & Criminal Proceedings Michael Ferjak

2. Administrative & Criminal Proceedings
Testimony & Demeanor
Role of the Prosecutor or State’s Attorney
Role of the Defense Attorney
Role of the Investigator
Preparing to Testify
After the Trial or Hearing

3. Testifying When an investigator testifies they:
are subjected to close personal scrutiny
are evaluated on past as well as current performance
are constantly under close watch of the judge, jury or hearing entity
are instantly judged on their reaction and response to questions and behaviors

4. Confidence
Confidence: does not mean “cocky”, glib or flip, stiff, disrespectful or guessing
Confidence means completely prepared, no doubt about the accuracy of your information and professionalism

5. Professionalism Integrity Skill Preparation Perseverance
Personal Conduct
All of these attributes will become clearly evident or clearly lacking when you take the stand to testify.

6. Role of the Prosecutor or State’s Attorney
Attorney who represents the State. They:
prosecute the defendant or respondent taking care not to infringe on their rights
present evidence and testimony to support the state’s case
advocate for the Public’s rights and expectations towards the accused individual

7. Role of the Prosecutor or State’s Attorney
The Prosecutor or State’s Attorney also decides how a case is prosecuted. They:
decide if the matter can or should be heard in an administrative or criminal setting
decide if it is more effective to dispose of the case with a plea or negotiated settlement
decide if the case is suitable for trial or the facts do not support prosecution

8. Role of the Prosecutor or State’s Attorney
The Prosecutor or State’s Attorney also decides the strategy in how a case is prosecuted.
As the Investigator you must be sure
the prosecutor fully understands your report
you understand the prosecutor’s trial strategy and how they intend to use your testimony
Hint: Don’t wait until the trial date to talk to the prosecutor or state’s attorney.

9. Role of the Defense or Respondent’s Attorney
This Attorney may be appointed by the court or privately retained. They:
Protect the legal rights of the accused
Ensure all submitted evidence meets legal requirements and is relevant
Test the state’s case for weakness and, if found, exploit them to the client’s advantage

10. Role of the Defense or Respondent’s Attorney
This Attorney is obligated to mount a vigorous defense of the client. They may:
Aggressively challenge the state’s right to prosecute
Argue the hearing entity has no jurisdiction
Engage in spirited examination of the state’s evidence and witnesses

11. Role of the Defense or Respondent’s Attorney
This Attorney will employ a variety of trial tactics to:
present a sympathetic image of the client
present an oppressive or unreasonable image of the state
cause witnesses to respond in a desired manner

12. Role of the Investigator
As the Investigator you have only one responsibility:
Answer all questions honestly and to the best of your ability.
The value of your testimony is affected most by the completeness of your original investigation

13. Preparing to Testify (Bull Fighting 101)

14. Preparing to Testify Case Review:
There is no excuse to go on the stand without a detailed knowledge of the case facts- your value as a witness counts on it.
You must:
know the elements of the violation and how your information fits into the state’s case
know how the state intends to show proof the violation or crime actually took place

15. Preparing to Testify Evidence:
If you collected physical evidence you must be able to fully account for its security and control at all times (chain of custody)
You may be used as a means of authenticating evidence, make sure you understand this process.
Authentication was discussed on the first day of this program.

16. Authenticating Evidence A Short Review
What does “authenticating” mean?
To establish that something is what it is claimed to be. Examples of evidence requiring authentication
Documents
Business Records
Correspondence
Labels
Physical Evidence
Communications

17. Steps of Authentication
1. Identify the evidence
2. Provide proof of source (where it came from )
3. Custody of the evidence
4. Description of Condition on discovery
5. Proper receipt or list

18. Appearance
Dress:
Do not dress to impress- be generally conservative in style and color selection, normal “business” attire
Avoid excessive amounts of jewelry or “flashy” items
Avoid excessive make up and perfume or cologne
Hair should be worn in a neat, professional conservative style

19. At the Hearing
Arrive early to determine if any last minute events have occurred
Mentally prepare yourself- but don’t psych yourself out.
Get perspective and remember you’re a professional
Don’t over-socialize with the prosecutor or other witnesses
Maintain a professional demeanor

20. Testifying
Demeanor:
This is how you appear to the judge, jury or hearing entity
Be confident- don’t be “smart” but don’t be timid either
Be professional, business like
Be sincere- remember you care or you wouldn’t be there
Be calm- if you’ve prepared, there won’t be a problem

21. Testifying
Speaking:
Speak at a normal rate, in a conversational tone loud enough to be heard by all parties- don’t yell
Speak to the parties with respect and civility- lose any attitude you may harbor
Establish and maintain eye contact with the judge, jury, attorneys etc.
When responding- speak to the person asking the question. If asked to explain something to the jury or judge- look at them and answer

22. Testifying DO NOT GUESS- EVER
If you make a mistake correct it immediately no matter how minor it may seem at the time.
Remember- Facts, not your opinion (unless you’re an expert witness), are why you are there- stay objective and focused.
If you are challenged or an objection is raised while testifying, stop and wait for the judge to instruct you whether to continue

23. Testifying Notes while Testifying:
Check your agency’s policy on use of notes and follow it
If you use notes on the stand they can be examined by the defense make sure:
they are timely- notes written after the fact are subject to questions of your ability to recall facts/events
they are part of your routine practice
they contain only your personal observations and knowledge
your notebook is kept intact and free of unprofessional entries

24. The “Bull” otherwise known as the Defense Attorney
Methods of Approach:
Sneak Attack- Friendly, engaging comfortable personality until you feel like they aren’t too bad (even for an attorney) Then BAM! They gore you.
Head On “Horns Down” Lunge- Aggressive, possibly hostile using everything they can to anger,confuse or unsettle you.

25. The “Bull Fighter” otherwise known as the Witness (YOU)
Ways to beat the Bull:
Maintain your objectivity in testifying- do not let your personal beliefs influence the way you testify
State only what you know to be accurate information- if you don’t know say so
Do not offer opinions and confine your response to the questions asked

26. The “Bull Fighter” otherwise known as the Witness (YOU)
Always stay calm- don’t let the “Bull” excite, panic or anger you
Always stay alert for a change in tactics by the “Bull”reacting accordingly (which is to not react at all- simply remain professional)
Always keep in mind what the “Bull” is trying to do!
Never let it get to a personal level with you.

27. After the Hearing or Trial
Maintain your professional demeanor (no high fives or plotting revenge in the hallway)
Think about how your testimony went and learn from it to be even better the next time

28. Summary
No matter how the defense attorney approaches stay calm, alert and remember what they are trying to do
If you don’t know- say so it will not make you look incompetent
Your role as an Investigator is to tell the truth objectively and impartially
Your appearance and demeanor will influence everyone at the hearing- positively or negatively
The value of your testimony is affected most by the completeness of your original investigation
If you are challenged or an objection is raised while testifying, stop and wait for the judge to instruct you whether to continue

29. THANK YOU!