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How Your St. Petersburg Criminal Lawyer Can Challenge Witness Testimony

March 21, 2024 Uncategorized

How Your St. Petersburg Criminal Lawyer Can Challenge Witness Testimony

Being accused of a crime is scary. The stakes are so high. Your freedom, reputation, and finances are on the line. When the prosecution calls a witness to testify against you, it can feel like your case is unraveling. But don’t panic. Your St. Petersburg criminal lawyer has tools to challenge that testimony.

Cross-examining witnesses is an art. An experienced trial lawyer knows how to get under a witness’s skin in legal ways. We can attack their credibility and reveal biases, lapses in memory, and inaccuracies. But it takes skill and planning to do this effectively.

How Witness Testimony Can Be Flawed

Human memory is faulty. People forget details over time or distort memories without realizing it. Witnesses may recall an incident incorrectly or leave out key facts when testifying. This can completely change the truth of what happened.

Some witnesses have an agenda. They may lie or exaggerate on the stand to achieve a desired outcome. Relationships, biases, incentives, or pressure from prosecutors can taint testimony.

Leading questions from lawyers shape answers. Witnesses often just agree with the attorney instead of giving their own independent account.

Investigation mistakes happen too. Eyewitnesses misidentify suspects. Informants give false information. Evidence gets contaminated.

Strategies Your Lawyer Can Use to Challenge Testimony

An adept St. Petersburg criminal attorney has many options to undermine witness credibility and accuracy. Here are some of our top techniques:

Expose Inconsistencies and Contradictions

We meticulously compare what a witness says in court to their earlier statements. Police interviews, sworn affidavits, and preliminary hearing transcripts may reveal major inconsistencies. These are gold for cross-examination. “You testified today that the suspect was wearing a red shirt, but didn’t you tell police before it was a blue shirt?” This makes a witness seem unreliable.

Reveal Lies or Exaggerations

Some witnesses embellish or outright lie on the stand. We dig into their background and history to find evidence of dishonesty. Criminal records, misconduct at work, and shady business deals all indicate a lack of truthfulness.

Highlight Mistaken Identity

Eyewitness misidentification is a huge problem. Stress, poor lighting, distance, and short time frames make it hard to ID suspects. We review the witness’s opportunity to observe and reasons for doubt. “How certain are you it was my client when you only saw the perpetrator for a few seconds as he ran past you?”

Challenge Bias and Motive

Witnesses with an agenda often skew facts. Exposing their bias and motives undercuts believability. Does the witness have a grudge against the defendant? What do they gain by testifying? We ask tough questions to reveal potential prejudice.

Attack Lack of Personal Knowledge

A witness can only testify about what they personally experienced firsthand. We object if they speculate, repeat hearsay or give opinions beyond their expertise. “You didn’t actually see my client at the crime scene, right? So how could you know if he was there?”

Question the Investigation

Shoddy police work leads to inaccurate testimony. We scrutinize if witnesses were influenced by suggestive lineups, coaching and multiple interviews. “The detective told you the suspect drove a blue Honda before showing you the lineup, didn’t he?”

Reveal Memory Issues

Fading memory hurts recall. We drill into time lapses and gaps. “This incident happened over a year ago, correct? How can you be so sure of the details after so long?” Any mental conditions, addictions or impairments also damage reliability.

Use Visual Aids

Maps, diagrams, photos and video clips can contradict a witness. We create powerful visuals to showcase discrepancies. “As this security footage shows, my client couldn’t have been at the bar when you claim to have seen him there.”

Challenge Credentials

Expert witnesses must have proper training and experience to give opinions. We probe weak qualifications to undermine credibility. “You say the defendant was intoxicated, but how many DUI evaluations have you actually performed?”

Don’t Let Witnesses Seal Your Fate

The right St. Petersburg criminal defense lawyer has a mastery of witness cross-examination. We know how to tactfully attack credibility and accuracy. Don’t let questionable witnesses be the downfall of your case. With an incisive cross-examination, we can poke holes in their version of events. Contact us today to start crafting a defense that takes aim at the witnesses against you.

Sources:

Cross-Examining the Prosecution’s Witnesses

Questioning Witnesses at Trial

Questioning Witnesses in a Criminal Trial

 

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JEREMY FEIGENBAUM

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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