can a person charged with a crime be questioned about that case while a witness to unrelated case?

Question

COLO- A friend of mine was charged with a class 3 felony. Even though she applied and was approved for a public defender within a week of being charged, none has been appointed to her - more than 1 month later. She was called as a witness in a totally unrelated jury trial, and both the DA and PD asked her very specific questions about HER case while she was on the stand. EXP: "Are you being charged with a felony".... "are you aware that charge carries a penalty of 32 years" (to which she replied "no", that it was her understanding it was 2-12, so she freaked out), and she was asked who else was being charged. The other defendant in HER case HAD been appointed counsel, so when they tried the same tactics on him, he replied he was instructed by his attorney not to discuss it. Attorneys for both sides also discussed HER case with her in the hallway. Something doesn't seem right. It seems like she may have jepordized her case, especially since 1 of the attys is the DA. ????

Answer 1

She has a 5th Amendment right not to testify against herself -- sounds like she needs to shut up and not provide that testimony. Also anytime she feels coherced like this she needs to say so and simply say that she would like to speak to her attorney.

Answer 2

The answer to your stated question is: Yes, a person charged with a crime can be questioned about that case while a witness to unrelated case as the charge can be used to reflect the character of the people involved. If the question was incriminating, she simply could have plead the 5th.

She should contact the public defenders office and inquire about the lawyer for her case. Never assume the cogs of the government will spin quickly.

Answer 3

She can be asked about it under some circumstances to impeach her character, but since she hasn't been convicted there are some issues under the Federal Rules of Evidence. I'm not sure on the specifics of your state law, but the laws are probably similar.
She certainly shouldn't comment on the specifics of her case under oath, because those comments would be admissible in her own trial. The comments outside of the courtroom are likely hearsay (depending on how they are used) and thus likely inadmissible.

Answer 4

Yes they can indeed ask her if it is relevant. (It was probably used to impeach her testimony, and therefore was relevant.) She does not have to answer. She probably did jeopardize her case by talking. However, that is her fault alone, and not the fault of the court or the attorneys.