In many criminal allegations, the identity of the accused revolves around eyewitness testimony and the supposed visual evidence by someone else that confirms the identity of the suspected criminal. While eyewitness identification and testimony is prevalent in the court system, data suggests that misidentification is the cause of over half of those unjustly incarcerated. There can surely be a value to eyewitness testimony in cases, but when your rights and freedoms are under attack, you cannot leave your life in the hands of an unreliable witness.
There are some common ways that the court seeks to identify a potential criminal perpetrator via eyewitnesses: a lineup asks five or six people, including the suspect, that bear a resemblance to the eyewitness description; looking at mugshots and other photos to encourage the eyewitness to make an identification; showing up for a one-on-one identification; and allowing for an identification in the court.
Defense Against Witness Testimony
Even with the numerous ways that the court may choose to establish an eyewitness identification, there are many ways that things can go awry. There are so many different ways that misidentification can occur. A criminal defense attorney can help establish whether or not the eyewitness made a mistake in naming you as a criminal suspect.
Misidentification can occur due to:
- Taking a quick glance rather than a long look
- Different lighting
- Distance apart from one another
- Physical condition of the witness
- Presence of a weapon
- Pressure to make a choice
These are only some of the ways that a potential witness can skew the identification of an alleged criminal and lead to the unfair prosecution of an innocent person. Expert psychologists are oftentimes called into courtrooms to help establish the context for the initial identification and the ways that this can be called into doubt.
When you work with The Samuelson Law Firm, you know that your rights are being protected in accordance with the law. Our criminal defense attorney in Colorado Springs will work with experts to cast doubt on the eyewitness identification and work tirelessly to reduce or eliminate your charges. Call now for a free consultation!