An eyewitness can sway the court with the sincerity of their statement. They will make a major impression if they manage to make it to the stand. It happens every time. Few things are as immediately influential as a prosecution’s victim telling an account of their story.
Is the story accurate? Is it fair? Is there an ulterior motive that brought that person to the stand? These are questions asked by the Criminal defense attorney in Rockwall TX. It is their job to poke and prod at the eyewitness. The defense will place a very high propriety on prodding the accuracy of an eyewitness because they are the often the key piece of evidence against their client- and one that can sway the court.
How an Attorney Removes a Witness
They achieve removal by first exploring the consistency of the eyewitness. Witnesses aren’t reliable. It is a known fact, and inconsistency will bring that to light. It usually begins by matching the police record (the report at the scene of the crime or the following day) alongside the court report. A consistent report will show confidence in what the eyewitness is saying.
The Criminal defense attorney in Rockwall TX will also look at bias. Some witnesses may have been indirectly involved with the crime. In an effort to toss away a potential jail sentence, an eyewitness may be encouraged to testify. This shows an obvious bias. Matched with an inconsistent report, and the eyewitness may likely be thrown.
Steering the Wheel
The removal of an eyewitness is not a neutral point. It does not bring things back to a level playing field. It leans favor towards the defense. The basic reason is that the removal of an eyewitness (a potentially powerful piece of evidence) will put doubt in all other points of evidence. It doesn’t just straighten the wheel. It steers it in favor of the defense.
A knife can’t talk. It can’t detail how it was used. A person, on the other hand, can. This is a further detail about the realness of a person. They can be shockingly sincere and relatable, and that is a powerful tool for a judge or jury. Schedule a consultation with the Law Offices of Tim Hartley or Visit the website for more information on eyewitness defense.
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