California, United States of America
The following excerpt is from People v. Belton, 136 Cal.Rptr. 54, 66 Cal.App.3d 636 (Cal. App. 1977):
9 There is a dilemma, of course: by keeping quiet and not making a 1118 motion the defense increases the risk that, given more time, the prosecution will also discover the hiatus in its case and appeal to the court's discretion to permit it to reopen. (People v. Kohn (1968) 258 Cal.App.2d 368, 377, 65 Cal.Rptr. 867.) That dilemma, however, is no different from hundreds of tactical decisions defense counsel must routinely make in the course of trials--whether or not to object, whether to open up a line if inquiry, or whether to ask a risky question or leave well enough alone.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.