If you want to challenge the prosecution’s case, then you’re bound to head to trial unless you can demonstrate that the state’s case is so weak that it needs to be dismissed beforehand. And going to trial can be nerve-wracking. Unless you ask for a bench trial, your case will be heard by a jury of your peers who will decide your fate. These jurors are tasked with not only hearing the evidence, but also giving it the amount of weight that they think it deserves. Even though the power wielded by the jury can put you on edge, trial gives you an opportunity to attack the prosecution’s evidence in an attempt to convince the jury that it shouldn’t be trusted.
One way to do this is to attack the credibility of the prosecution’s witnesses. If you can reduce a witness’s reliability while testifying, then the jury is less likely to put a lot of stock in what they say. In some instances, this could devastate the prosecution’s case and lead to an acquittal.
You have several options here. Before heading to trial, you should fully assess the prosecution’s anticipated witnesses so that you know which of the following strategies will best position you to successfully attack witness credibility:
- Show prior inconsistent statements: To be as prepared as possible heading into trial, you’ll want to depose the prosecution’s witnesses. This will lock down their statements and give you something to refer to while they’re testifying at trial. If the witnesses change their story at trial, then you can use the depositional testimony to show the inconsistencies in their accounts. If done properly, the jury will be left feeling like they can’t trust what the witness is saying.
- Highlight motive: If the witness is motivated to testify against you for some reason, then you need to be sure to demonstrate that to the jury. This is often seen in cases where there’s bad blood between the witness and the individual who has been accused of the crime.
- Demonstrate bias: Sometimes witnesses are biased against certain individuals. For example, if a police officer has a history of unfairly treating people of a different race and you’re part of that class, then you should highlight that fact to demonstrate that the officer may be unfairly portraying the circumstances against you. This could soften the jury’s stance on whether to convict you.
- Hit important factual circumstances: In some instances, witnesses don’t have bad motives to testify but are simply mistaken about the facts. If that’s the case, then you need to hit on each fact that’s incorrect or misconstrued in their testimony. Doing so will show the jury that the witness’s testimony can’t be trusted, which in turn could increase your chances of acquittal.
- Point out criminal history: Not all of a witness’s criminal history is admissible, but those convictions related to crimes of dishonesty, like fraud, likely will be in your case. So, be sure to scrutinize every witness to see if you can attack their character for truthfulness by pointing out their criminal history.
Be ready to fight back with a strong criminal defense
Regardless of the specific charges you’re facing, you need to be ready to fight back against the prosecution if you want to protect your freedom and your future. This will require thorough preparation, an understanding of the law and knowledge of the rules of evidence, but you can find assistance in developing the strong the criminal defense you need. So, if you’re ready to fight for your interests, then now is the time to get to work.