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Yuma, AZ asked in Criminal Law for Arizona

Q: Is it legal for a witness officer to sit at the prosecutor's table during the trial in a criminal case?

In my criminal case at Yuma County Superior Court, a police officer who is a witness has been present throughout the entire trial, sitting at the prosecutor's table, including during jury selection and other officers' testimonies. I'm concerned that his presence might influence the testimonies of other officers. I have raised this issue with my attorney. Is it legal for this officer to be present throughout the trial?

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2 Lawyer Answers

A: Yes, this is allowed. This officer is called the "designated case agent" who can do exactly what you have described by sitting with the prosecutor the entire time of the trial. They are often times also a witness in the case and can testify. The prosecutor commonly saves them as the last witness they call so they can fill in the holes or clarify/correct any of the testimony of the other witnesses who testified before them. Historically this was only used in larger cases so the designated case agent could organize and communicate with all the witness to make the court process go smoother but lately has been used in even the smallest cases.

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Answered

A: In Arizona, a witness—such as a police officer—can sometimes be allowed to stay in the courtroom throughout the trial, including at the prosecutor’s table, but only under specific conditions. One common reason is if the prosecutor designates that officer as a "case agent" or "representative" of the state. Courts generally allow a case agent to remain even if they are a witness, though this can raise concerns about fairness, especially if other witnesses might tailor their testimony after hearing what’s already been said.

Your concern about the officer's presence possibly influencing other officers’ testimony is legitimate. Normally, witnesses are excluded from the courtroom to prevent that very issue. If the officer is actively participating as a witness and also remains present during other testimonies, your attorney might argue that this compromises the integrity of the process, especially if the officer’s presence wasn’t properly justified.

Since you’ve already raised the issue with your lawyer, it’s important that your attorney make a formal objection on the record, if they haven’t already. The judge has discretion in deciding whether the officer’s presence is appropriate, and if there’s no objection, it could be considered waived. If this issue affected the fairness of the trial, it might also be grounds for appeal later. Keep pushing your lawyer to explain what steps they’re taking and why the court allowed this arrangement. You have every right to understand and challenge anything that could impact the outcome of your case.

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