What is a “voir dire” application and how has it been used successfully by David Karp?
A voir dire directly translates to “to speak the truth” from an Anglo-Norman phrase. In criminal justice terms, a voir dire can mean something close to a “trial within a trial”. A voir dire will have no real affect to the trial until it has been concluded as admissible.
These hearings are held in order to determine the admissibility of any type of evidence during trials, by a trial judge, in the absence of a jury. A voir dire can be claimed by either the prosecution or defence side during a case for a number of reasons, some including: determining the admissibility of witness testimony, confessions, the exclusion of physical evidence, and so on. Evidence submitted in a voir dire is not evidence within the trial proper until the voir dire has been concluded. If a piece of evidence or testimony is determined to be inadmissible, it will not be heard during the trial proper.
Once a party has established a basis for a voir dire (as in, there is a reasonable basis for which a voir dire should take place), it will be held separate to the trial, where the party will have to provide evidence to the judge. If an accused has to testify during this voir dire, his or her evidence will not be used against him or her during the trial proper. Should the judge determine for evidence to not be admissible, it will not be heard of during the trial. Should the judge determine for evidence to be admissible, the evidence will be admitted, but irrelevant elements of the voir dire will not be admissible
David has used this application successfully for many of his clients. The results of these applications was evidence was no longer admissible which many times resulted in all charges being dropped.
When facing criminal charges, it is very important to use an experienced lawyer who is well versed in law and specialized applications like this. It is also incredibly important to have a lawyer that is aggressive in building a defence, very articulate and clear in court and completely dedicated to the best outcome for his clients.