To obtain a conviction, the prosecution must present evidence that demonstrates your guilt beyond a reasonable doubt. One way they do this is by using witness testimony. But not all these witnesses are trustworthy. In fact, some may have reliability issues that render them incapable or unwilling to tell the truth despite having sworn to do so. But how do you spot a witness with credibility issues so that you know when you can attack their reliability?
There are several indications that the credibility of the prosecution’s witnesses shouldn’t be trusted. This includes:
- They have a criminal history, especially if they’ve been convicted of a criminal offense tied to lying, such as fraud or forgery.
- They’ve changed their story over time.
- You have a bad relationship with them that could cause them to say negative things about you when on the stand.
- They’re motivated to testify against you because doing so is in their own best interests.
- They’re fidgety or overly nervous when on the stand.
- Their account of events has gaps or lacks clarity to the extent that their testimony can’t be trusted.
If you spot any of these issues with the prosecution’s witnesses, then it’s up to you to point them out to the jury. If you don’t, then the jurors might take these witnesses at their word, which could spell bad news for you.
Advocate to protect your freedom and your future
You need a strong white collar criminal defense if you want to stand a chance of beating the prosecution. That’s why you have to be thorough and aggressive in building your criminal defense strategy. So, keep reading up on what it takes to build a strong criminal defense, and think through what you can do now to effectively fight back against the prosecution’s case.