July 27, 2020

Attacking witness credibility could be your key to success

Drug charges can threaten nearly every aspect of your life. The reputation that you have spent years or decades to develop can be put in jeopardy, your freedom can be at risk, and your finances might be attacked. This is why you need to be aggressive in defending yourself against these kinds allegations from the very beginning. While you might be able to suppress evidence that was illegally gathered by law enforcement or argue that prosecutors have failed to prove every element of the alleged offense, you might have other criminal defense options available to you that are worth exploring.

Many criminal cases, especially those involving drug offenses, boil down to the testimony of key witnesses. Although the prosecution might try to build these witnesses up so that juries buy into every word that pours out of their mouth, the truth of the matter is that in many instances these witnesses are untrustworthy. Either they misremember facts or they straight up lie despite having taken an oath to tell the truth. As maddening as that might be, it leaves you with a very powerful opportunity.

By drawing a witness’s credibility into question, you can increase the likelihood that a jury will disregard their testimony, or at least give it less weight than they otherwise might. To successfully attack credibility, though, you need to be thoroughly prepared. You need to know the witness’s histories as strongly as you know the facts of your case. You might be able to utilize their previous criminal history as well as any inconsistent statements that they have made in the past.

This means that there’s a lot of work to do on the front end of your case before you even start thinking about opening statements. You can depose witnesses as a way of finding out what they know and locking in their testimony to potentially use against them at trial, and you can request any documentation you might need to counter a witness’s testimony.

To be successful at this tactic, though, you’ll need to understand the law and the strategies that allow you to utilize the law to your advantage. There’s also no substitute for experience. So, if you want to protect yourself as fully as possible from the allegations you face, then it’s time to carefully consider what your best legal defense options may be, which could include seeking out assistance from a well-versed and well-known criminal defense attorney.

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