Witnesses can oftentimes make or break the outcome of a criminal case. If their testimony appears credible and consistent with other findings, odds are they can sway a jury towards a specific decision. On the flip side, if a witness is short-tempered after getting caught in a lie, they can tank the case for their side, which is why it’s important that you have a lawyer by your side that can ensure witnesses are questioned appropriately. In today’s blog, we share some tips for how we work to discredit witnesses during cross examination.
Challenging Witness Credibility
In many criminal cases, it’s imperative that a defense lawyer works hard to discredit any witnesses against their client, because oftentimes it comes down to a “he said, she said situation,” and judges or juries tend to be more inclined to take the word of a police officer than an average citizen. So if it’s your word versus the arresting officer’s testimony, how can a good lawyer help make their testimony look less credible?
1. Look For Inconsistencies – One key way to discredit a person’s story is by looking for inconsistencies in their stories. If the officer writes down something in their report but tells a different tale up on the stand, a lawyer will attack this inconsistency and raise the possibility of other problems with their story.
2. Close-Ended Questions – One tactic smart lawyers use is to ask close-ended questions during cross examination to limit how much explaining the other side can do. Oftentimes long-winded answers become subjective, whereas questions that require a yes or no answer provide a concrete and simple explanation. You can better control the narrative when you ask close-ended questions that you already know the answer to. Questions that begin with phrases like “Is it possible” or “Isn’t it true” tend to lend themselves to yes/no answers.
3. Bring In Our Own Witnesses – If we have witnesses that can offer a different account of what happened, you can bet that we’ll put them on the stand. Whether this was a passenger in your vehicle or a third-party bystander that witnessed the incident, we’ll call them to the stand if we believe their testimony will help your case or cast doubt about the credibility of other witnesses.
4. Review The Tape – Nowadays, a number of arrests or incidents are captured on video. Whether that is a dash camera, a police body camera, CCTV or a person’s cell phone video, the video oftentimes tells a truer story of what happened than a witness. If the witness says that something happened, but video evidence suggests otherwise, a defense lawyer will have a field day pointing out the holes in their story and discrediting the witness.
So if you’re wondering how you’ll win your case if it’s your word against a police officer’s, know that we have some techniques in our bag that will ensure the truth comes out in court and your story is heard. For more information, or for help with your criminal case, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
