Witness competency

Recently, I was asked if a witness must be a certain age in order to testify in court. Although case law describes in more detail the issues relating to witness competency in Illinois, 725 ILCS 5/115-14 outlines that every person, regardless of age, is qualified to be a witness.

The statute further states that a person is not qualified to be a witness only if he or she is “(1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him or her; or (2) Incapable of understanding the duty of a witness to tell the truth.”

Prior to a witness’ testimony, a party may request that the court determine if a witness is competent to testify. The hearing shall be conducted outside the presence of the jury and the burden of proof shall be on the moving party.
Even though not required by law, many times a party calling a very young witness to the stand seeks to qualify the witness anyway. Questions may be asked regarding the roles of persons in the courtroom, tests of memory and the difference between truth and a lie and the impact of telling falsehoods are elicited.

Being a witness is stressful for adults. Being a young child witness can be even more so. The “qualifying” questions may allow a child to become more comfortable in a strange setting before the crux of the testimony begins.

Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
312-767-2356
[email protected]

By lorilevin | Published October 23, 2012 | Posted in Child Witnesses, Witness Competency | Leave a comment

Testimonials
- “Having a lawyer can really be a double-edged sword – chances are, the circumstances requiring you to retain a lawyer aren’t awesome. But when you have to, it’s really helpful to have someone compassionate, competent, and successful. I was so happy to have Lori return my call when I needed someone to represent my interests. I got lucky – she couldn’t have been more professional and capable, but at the same time I felt like she was instantly…almost family? If that makes sense. Bottom line: I won, and if I hadn’t had Lori, I shudder to think what may have been. I’m not made of money, certainly, but I feel like I got a great value from Lori even though I never bothered to check what it all cost me. That’s the best customer experience you could have – make them never question how they are spending their money because the results are so good. Well, I never felt like I had to look into it – whatever it cost, I got more out of the deal than she did. Highly recommended. Should I ever need a lawyer in this space again, I will only make one call.” D.C.
- “I got a call in Key West, while my husband and I were on vacation, about my youngest child, 29-years old, living in Chicago. We knew she was struggling with mental illness, but she had always refused to get treatment. “This child had a psychotic break and needed help desperately. We got a call from her landlords. The call we had been expecting, and we knew we needed good professional legal help for both her and us. We live in Charlottte NC. My husband called the Chicago Bar and asked for a lawyer with expertise dealing with individuals with mental health issues. Or their families. They gave us Lori’s name and she answered herself on the first ring. “Lori was a voice in a wilderness, and for almost a year continued to guide us with emotional support, superb legal advice and everything in between. She was always clear about her financial charges. And we always thought she was reasonable. We got very good advice. And she seems almost to know everyone in her field in the Chicago area. “I cannot recommend Lori Levin highly enough. She is thoroughly professional. She was not afraid to coach me and remind me what our goal was. But she was also kind and sensitive to the situation with my loved daughter, as difficult as it was. My husband and I cannot possibly recommend Lori enough.” J.V
- “I utilized Lori when a friend of mine needed a legal advocate on his side to represent his best interests. Lori responded quickly and immediately interjected herself into the defense of a vulnerable person undergoing life challenges. Lori kept within her budget, didn’t make promises that she couldn’t keep and explained the choices and probably outcomes clearly and concisely. If the need arose, I would reach out to Lori as a lifeline any time.” D.Z.
- “I contacted Lori when I had a dispute after a long Christmas party. It was my first brush with the criminal justice system. Lori clearly explained the process to me, charged a reasonable fee, and did an excellent job every step of the way. We faced some obstacles with the first judge and Lori was able to change the venue and persuade the prosecutor to agree to a minor charge. Lori also successfully expunged the minor charge as soon as it was eligible. This was incredibly important to me and Lori kept in contact throughout. She was highly professional, a great listener, and extremely skilled and experienced. Lori turned an awful experience, one of my life’s worst, into a manageable series of steps that ended very successfully. I give her the highest recommendations.” S.D.
- “Lori … was more than an exceptional person … Being able to be accompanied by such an individual was a blessing in disguise, she was easy going, caring and understanding. But what made her stand out above all others is she had heart and cared for people who really needed saving. Once again thanking you for your generosity, professionalism and determination. You are highly appreciated. You have helped change a life for the better :) ” F.N.
- “Lori Levin is an exceptional attorney. She helped my husband and I will our guardianship case for my husbands daughter and I honestly don’t know what we would of done without her knowledge and expertise in the court system. Ms. Levin listens to her clients and provides them with the best plan of action for their case. I would recommend her to anyone that is looking for a good, knowledgeable and fair attorney.” L.H.
- “Lori was a wonderful asset to my family in a legal matter. Her expertise on the issue was extensive and she handled herself with the utmost professionalism at all times. Lori is a top notch legal adviser. Her clients are always in good hands and lucky to have her in their corner just like we were lucky to have her in ours. Lori Levin gets the job done!!!” T.T.
- “Lori, You are a dear soul. Great to know that the justice system works and there are angels like you…Thank you for giving me something that money cannot provide and that is my good name back.” E.A.
- “Well worth the call & money. Lori was a great attorney & friend. She was very professional in handling my case. She did what most thought was impossible. I would recommend her to anyone.” O.C.J.
- “Lori Levin is responsive, knowledgeable and experienced in her field. She develops a good rapport with her client. She kept him informed as to how the case was proceeding. I appreciated her extreme honesty, trustworthiness and effectiveness. I appreciated her professionalism during the entire case and confidence in her ability to fight hard to get a Victory. She was a pleasure to work with and I would highly recommend her.” J.H.
- “My experience with Attorney Levin was the best. I contacted Attorney Levin on short notice and she took the time and spoke with me over the phone about my case. She was very nice, supportive and professional. I would recommend her to everyone that needs legal assistance. If you come across her name and need legal assistance make sure you give her a call. Attorney Levin is great!” S.N.
- “Lori’s knowledge and assistance with a friend’s case helped provide the best possible outcome for him. Her in-depth knowledge of the legal timeline helped put us at ease each time there was a delay. She also went out of her way to investigate the details of the charges and she was very understanding of my friend’s preferences, leading us to a positive outcome.” A. L.
- “I contacted Lori to help me with some minor infractions and legal assistance with expunging my record. This was my first run in with the law, and Lori was very professional and helped me understand the legal process every step of the way. While we ended facing few obstacles, I am confident that Lori would have pulled every legal maneuver to help clear my name had things been more dire. Lori was candid about the possible outcomes and penalties that I could face; she did not sugar coat anything. That being said, she also gave me her opinion on matters, the most likely outcomes, and informed me of the steps that we would take for each instance. She understands the legal process inside and out, and clearly is well liked in the court system, which I suppose never hurts. Overall, I am extremely satisfied with her services and would recommend her to any friend in a similar situation.” D.K.
Practice Areas
- Criminal Law
- Juvenile Law
- Felonies
- Assault and Battery
- Burglary
- Computer Crime/Sex Offenses
- Criminal Investigations
- DCFS Administrative Appeals
- Domestic Violence
- Drug Charges
- DUI
- Expungements
- Misdemeanors
- Murder
- Probation Violations
- Property Offenses
- Retail Theft or Shoplifting
- Robbery
- Stalking
- White Collar Crimes
- Violent Crimes
- Mental Health/Guardianship
Awards
Our Office
- Office Location
  
  5 Revere Drive
  Suite 200
  
  Northbrook, Illinois 60062
  Phone: 312-767-2356
- Chicago Office
  
  161 North Clark Street
  Suite 1600
  
  Chicago, Illinois 60601
  Phone: 312-767-2356

Witness competency

Quick Contact Form