If your criminal case ends up heading to trial, then the prosecution will present witness testimony against you. If you simply sit back and allow that testimony to come into evidence without challenging it in some fashion, then the jury is probably going to take the witness at their word, spelling bad news for you. That’s why you should deploy one of the most important strategies in your criminal defense: attacking witness credibility.
How to attack the reliability of witness testimony
You may not be able to minimize the credibility and thus the reliability of each witness’s testimony, but there likely will be witnesses who are susceptible to attack. If you successfully do so, then the jury might discredit their testimony, which, in turn, could derail the prosecution’s case. Here are some ways that you might be able to attack the reliability and the credibility of the prosecution’s witnesses:
- Point out any inconsistent statements that they’ve made, which could include using depositional testimony to show how trial testimony doesn’t line up.
- Present evidence of the witness’s criminal history that shows a pattern of being dishonest.
- Admit contradictory evidence that shows that the witnesses couldn’t have observed what they claim to have observed.
- Demonstrate that the witness is biased against you for some reason.
- Show that the witness is motivated to testify against you.
Be thorough when addressing witness credibility, as it could be crucial to your case.
Build an appropriately thorough and aggressive criminal defense
An improperly handled criminal defense can lead to criminal conviction. So, take the time needed to think through your criminal defense options and the evidence that’s available to you. By being diligent, you’ll hopefully position yourself to beat the prosecution and get back to your normal life.
