Environmental Crimes Lawyer Walter James answers this age-old defense question in his latest post. He ends by commenting that this is for one particular case, and that the decision must be made on a case by case basis. Facts which made this particular decision easier: The three remaining individual defendants all possessed college degrees or the equivalent of a college degree, all were very articulate, none had any prior convictions and all had impeccable character.

No. The defendant has an absolute right guaranteed by the United States Constitution to "face his accusers." However, the defendant does not have the right to attempt to intimidate you while you are testifying. Notify your prosecutor if the defendant is trying to intimidate you while testifying. Yes. Nevada law (NRS 178.5696) provides that the prosecutor must inform each witness of the fee to which they are entitled for testifying and how to obtain that fee. See similar questions...

Crime victims should expect to testify in both a criminal prosecution and a civil lawsuit. Click for more information, Civil Lawsuits/Role of the Victim and Criminal Prosecutions/Role of the Victim. At the same time, very few criminal prosecutions or civil lawsuits actually result in a trial, in which case the victim would not have to testify in a public courtroom. The vast majority of civil and criminal cases are resolved without a trial. See similar questions...

The party who is sued in a civil lawsuit or in a criminal prosecution, the party who is charged with a crime. In a divorce, a defendant may also be called a respondent. See similar questions...

No, only the Sheriff's Office is allowed to remove and levy on property pursuant to a court order. The Sheriff's Office, acting as the intermediary party in the action, seizes and removes the property and protects the property until disposed at a Sheriff's sale. See similar questions...

Not necessarily. Many divorces are settled between the parties without going to court. Sometimes, either some or all of the issues cannot be resolved between the parties and their attorneys. When this happens, a court hearing will be scheduled, and testimony will be presented to a judge so that a decision can be made with regards to the issues the parties could not work out. See similar questions...

In a case involving a physical or mental injury, your treating physician's and therapist's reports and testimony are important to your case. The extent of your injury and your chances for full recovery are matters which are crucial to your physical and financial health and to your case. We have five R.N.s with advanced degrees on staff who will assist you and your physician in helping you achieve the fullest rehabilitation, and fullest compensation required for your rehabilitation. See similar questions...

The Court has forms which you should fill out before you leave. Nothing further is required at this time. You will be receiving a "default notice" by mail, as will the defendant. If the latter does not move to timely remove said default, the Clerk's Office may be contacted relative to your further post-judgment options. See similar questions...

If the defendant does not show up in court to defend himself/herself, then the judge will most likely rule in favor of the plaintiff. The term for this type of judgment is called a "default judgment" and is as good as getting a regular judgment. If the plaintiff fails to show, the judge will most likely dismiss the case. See similar questions...

An indigent defendant is someone charged with a crime who is financially unable to hire an attorney. The Public Defender represents indigent defendants. See similar questions...

Your complaint will be sent to the defendant by certified mail. If the post office return indicates that the service is not perfected, you must make other arraignments to serve the defendant, depending upon the reason that the service is not good. See similar questions...

A complainant has to cooperate with the Commission so that it can adequately investigate the complaint. This may require that you provide testimony as well as documents and information to prove your complaint. See similar questions...

If a case goes to trial and you have identified yourself as the complainant in either a written or an oral report, you may be called to testify. See similar questions...