Criminal cases depend on the evidence. The prosecutor may have physical evidence that they are trying to use against you as the defendant, such as fingerprints and weapons. Each form of physical evidence must be authenticated through witness testimony to establish its reliability. The prosecutor will also call witnesses to testify about various observations that can be used to prove their case. This testimony, if it is reliable, could show that you are guilty of the crime that has been charged. A criminal defense attorney from Hogan Eickhoff could call credible witnesses on your behalf while working to challenge witnesses who have been called by the prosecution.
As the defendant, witness testimony also plays a crucial role in your case. You are entitled to due process, which allows your side of the story to be told. You do this through testimony and physical evidence of your own. Your witnesses could call into doubt the story that the prosecutor is telling as part of their case. Your witnesses could establish that you have an alibi, which could negate the charges filed against you.
Attorneys Should Vet Witnesses Before Calling Them to Testify
Before each side goes to trial, both sides must vet their own witnesses to determine whether it may be advantageous to call them at trial. Both the prosecutor and defense attorney should have conversations with their witnesses to ask them about their sides of the story. Without coaching the witness about what they should say, the attorney should have a sense of not only what the testimony may be, but also the strength of the witness who is giving it.
Further, the attorney should also do due diligence of their own to determine whether the witness may have their own personal motive to testify. For instance, a prosecution witness may be taking the stand because they want to avoid a lengthy jail sentence of their own. Other witnesses may have some sort of financial gain if you are convicted of the charges.
Credibility is Everything When Witnesses Are Testifying
It is hard to understate the importance of witness credibility in a criminal case. While the judge has the power to decide certain matters in your case, it is the jury who makes the ultimate decision about whether to convict you. In a criminal case, the jury’s job is twofold:
- They are the finder of facts in the case (including those that have and have not been established)
- They apply the facts to the law based on the instructions that the judge has given them
When they are finding the facts in your case, the jury is going to determine what has been established over the course of the trial. The jury is under no obligation to accept something as fact merely because one of the two parties has presented it as part of their case.
The jury has the discretion to determine what facts have been proven. Unless they have been or have not been allowed to hear key testimony, the jury’s findings are usually not subject to appeal at the next level. Accordingly, it is vital that each party put their strongest possible case in front of the jury.
When it comes down to actual witness testimony, credibility is everything. The jury gets to choose who they believe and who they do not. While each witness is assessed on their own credibility, it is certainly not in a lawyer’s best interest to put one without credibility on the stand because it can affect their entire case. Remember that each attorney has told the jury during opening statements what they could expect to hear during the course of the trial.
A Lack of Credibility Becomes Apparent When a Witness Testifies
If a witness is not credible, it could certainly be revealed under cross-examination from the other attorney. There may be inconsistencies in the story, or it could come apart under heavy questioning. If the prosecutor loses one or more key witnesses because the jury will not believe their testimony, it can undermine their entire case. It would simply be too risky for either attorney to call a witness to testify if there are any questions about their credibility.
At the same time, your criminal defense attorney would need to be persuaded of your own credibility before you are called to take the stand in your own case. The last thing that you need as a defendant is to have your testimony not considered or weighted by the jury. Lack of credibility could increase the chances that you are convicted.
Both sides must assess the strength of their own witnesses in a criminal case. The prosecutor is the one who bears the burden of proof to demonstrate each of the elements of the individual charge to win a conviction at trial. At the same time, they also have their own professional obligations to file only cases where they believe that there is probable cause that a crime has been committed.
Theoretically, a prosecutor is violating the ethical norms of their profession if they file charges against you that are based on unreliable witness testimony. However, the prosecutor may have their own personal belief that the witness is reliable. Ultimately, it would be up to the jury to reach its own conclusion about the reliability of each individual witness.
Contact an Appleton Criminal Defense Attorney Today
If you are facing criminal charges in Appleton, having an experienced attorney on your side is critical. At Hogan Eickhoff, our skilled criminal defense lawyers understand the local courts and have a proven track record of protecting clients’ rights.
We provide aggressive, personalized representation for misdemeanors, felonies, OUI, drug offenses, and more. Contact Hogan Eickhoff today for a confidential consultation by reaching out to us online or by calling us at (920) 450-9800. We will review your case, explain your options, and develop a strategy aimed at achieving the best possible outcome. Protect your future by acting quickly and calling our Appleton office now. Our team of experts defends various felonies and misdemeanors including violent crimes, property crimes, domestic violence, sex offenses, and drug offenses.