Fighting charges when the main evidence is witness testimony

Police officers can collect many different types of evidence when building a criminal case against an individual. Financial records, security camera footage and forensic evidence can be particularly compelling when criminal cases go to trial.

Sometimes, the only evidence the state can obtain is the testimony of an eyewitness. Statements from those who witness or experience criminal activity may be the only way for the state to connect a defendant to an alleged criminal incident. Eyewitnesses can provide a narrative of the crime itself or can identify someone involved in a criminal incident.

While people sometimes think of eyewitness testimony as authoritative, the reality is that eyewitness testimony is subjective and potentially unreliable. Defendants facing criminal charges backed primarily by eyewitness testimony may be able to fight their charges with the right defense strategy.

How defense teams counter eyewitness testimony

There are several ways for defense lawyers to help those facing charges fight back against questionable eyewitness testimony. In some cases, exploring how eyewitnesses make mistakes, misremember or experience a gradual shift in what they recall can raise questions about the evidence they provide. Other times, defense attorneys might raise questions about the credibility of the eyewitness due to their prior criminal activity.

Factors including mental health challenges or even issues with their eyesight could also create concerns the accuracy of their testimony. Occasionally, if there is a pre-existing relationship between the eyewitness and the person facing accusations, exploring the communications the two have had and the dynamic of their relationship could raise questions about the reliability of eyewitness testimony.

It isn’t necessary to directly attack or undermine the eyewitness to challenge the statements they make. In some cases, exploring how the police worked with the eyewitness can be an effective strategy. Showing that they disclosed inappropriate information, compromised a lineup of suspects or asked leading questions could raise questions about the accuracy of an eyewitness’s statement or identification of a suspect.

The claims made by an eyewitness and the nature of the charges can influence the best way to handle a case backed almost exclusively by eyewitness testimony. Defendants often need help from experienced professionals when reviewing the state’s case and developing a criminal defense strategy, and that’s okay. Recognizing that eyewitness testimony is not always authoritative may help people feel confident about fighting the charges they’re facing.