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Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764

Law Terms: Expert Witness

Expert Witness - a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case.

It is an exception to the rule against giving an opinion in trial, provided that the expert is qualified by evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects.

Experts are usually paid handsomely for their services and may be asked by the opposition the amount they are receiving for their work on the case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions.

Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764

Law Terms: Evidence

Every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case. Evidence can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs and depositions (testimony under oath taken before trial).

Evidence includes so-called "circumstantial evidence" which is intended to create belief by showing surrounding circumstances which logically lead to a conclusion of fact. Comments and arguments by the attorneys, statements by the judge and answers to questions which the judge has ruled objectionable are not evidence.

Charts, maps and models which are used to demonstrate or explain matters are not evidence themselves, but testimony based upon such items and marks on such material may be evidence. Evidence must survive objections of opposing attorneys that it is irrelevant, immaterial or violates rules against "hearsay" (statements by a party not in court), and/or other technicalities.

Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764

Law terms - Homicide

Homicide - the killing of a human being due to the act or omission of another. Included among homicides are murder and manslaughter, but not all homicides are a crime, particularly when there is a lack of criminal intent. Non-criminal homicides include killing in self-defense, a misadventure like a hunting accident or automobile wreck without a violation of law like reckless driving, or legal (government) execution. Suicide is a homicide, but in most cases there is no one to prosecute if the suicide is successful. Assisting or attempting suicide can be a crime.

Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764

Law Terms: Suppression of Evidence

Suppression of evidence:



1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. (Pursuant to the 4th amendment of the US Constitution and Article I Section 8 of the Pennsylvania Constitution)



2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation of the due process clause (5th Amendment, applied to states by the 14th Amendment) and may result in dismissal, mistrial or reversal on appeal, as well as contempt of court for the prosecutor.

Pittsburgh Criminal Defense & Injury Attorney Frank Walker 
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office 
412.532.6805 Cell

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