A complainant in a criminal case may be contacted by the Criminal Defense Attorney Buffalo NY. Furthermore, the defense attorney does not need the permission of the prosecutor. Even if there is a temporary order of protection in place which directs the accused to have no contact with the complainant, defense counsel may nevertheless seek access to witnesses as part of his or her obligation to investigate.
According to New York case law, witnesses, including the complainant, are not the property of either prosecution or defense. The defense has a due-process right to an equal opportunity to interview them. Is inappropriate for either a prosecutor or a defense attorney to instruct witnesses to not talk to anyone unless the attorney is present.
However, it is also important to keep in mind the complainant has a constitutional right to refuse to talk to your Criminal Defense Attorney Buffalo NY. Therefore, once the complainant refuses to speak with your criminal lawyers in buffalo new york, defense counsel must respect the decision and cease all efforts of communicating with the complainant in the future.