Why eyewitness testimony is so suspect

On Behalf of | Sep 27, 2022 | Criminal Defense |

Most people consider themselves to be truthful individuals. Sure, they might fudge on their taxes or pad their expense accounts here and there, but if asked to describe events unfolding in front of their eyes, they would tell the truth about what they perceived.

However, perception is not reality. Despite fully believing that their version of events is what took place, there are many ways to contaminate the memories of witnesses. Some are inadvertent and can arise from their own, sometimes unconscious, biases. Other contaminants might include lineups including people resembling descriptions arising from implanted false memories.

Why it’s vital to challenge witness testimony

If a witness’s testimony goes unchallenged, judges and juries tend to believe that it’s true. But an experienced criminal defense attorney knows just how to dismantle a supposed eyewitness’s testimony and reveal how unreliable it is.

Prosecutors seek winning cases

To the prosecutor, a plea bargain of guilty is as good as a conviction on their records. If their evidence is scanty, they may go for the win by offering a plea bargain. Make sure that you and your criminal defense attorney clearly review the terms of any plea bargains you are offered. 

Your attorney can review the evidence against you during the discovery process of your trial. Skilled and aggressive cross-examination of witnesses can be pivotal regarding the trajectory of a criminal case.

You remain in charge of your defense

Working together with your legal counsel is wise, but ultimately, you are the one calling the shots on your defense. Learning all you can about the California laws relating to your case can help you make the best choices.