Witnesses’ testimonies play a crucial role in determining the outcome of a trial when they take to the stand in a criminal defense case. Although, this doesn’t mean that all witnesses are equal, and sometimes their credibility may be called into question.
In the state of Texas, there are numerous factors as to why witnesses could be discredited in court during a criminal defense case. Our team at The Love DuCote Law Firm, PLLC, has years of experience dealing with criminal defense cases and our experienced lawyers understand the ins and outs of how witnesses can be discredited.
Seeking legal advice from an experienced attorney at The Love DuCote Law Firm, PLLC, is the essential first step to take in your criminal defense case.
Contact our Sugar Land office today at 832-843-1691.
Pointing out inconsistencies in witnesses’ testimonies is one of the most common ways prosecutors have to discredit their criminal defense case.
Raising doubts over things like conflicting statements made during their testimony and to a law enforcement officer previously may raise fears over their memory and credibility.
An experienced attorney at our law firm may cross-examine witnesses to highlight these inconsistencies to prove the witness is unreliable.
Motive to Lie or Bias
Factors such as a financial interest or a prior relationship with the defendant or victim could cloud a witness’s judgment, making their testimony less reliable.
Witnesses who stand to potentially gain financially from a serious arrest or conviction may exaggerate their testimony or have the motive to lie.
One of our experienced attorneys at Love DuCote will be able to analyze and show that the witness has a motive to lie or bias leading to their testimony being met with skepticism.
Criminal Record or History of Dishonesty
Criminal charges or a history of dishonesty could seriously discredit a witness in a criminal defense case in Sugar Land, TX.
Being a person convicted of perjury in the past may provide an experienced attorney with the argument that they cannot be trusted to tell the truth under oath.
Furthermore, public records or other sources of information may be used by an attorney to uncover a witness’s criminal charges or history of dishonesty.
Reputation or Poor Character
Witnesses’ testimonies may be viewed with suspicion if they are untrustworthy or have a reputation filled with dishonesty or abuse.
A witness who has a history of making false allegations or accusations may not be taken seriously in a criminal defense case.
Defense attorneys at our law firm may look to utilize a character witness or other pieces of evidence to highlight whether or not a witness is providing credible information or not.
Perspective or Limited Knowledge
Not having access to all the information or not having a clear view of the events in question may lead to a witness having a less valuable testimony.
If an altercation took place and the witness only saw part of what happened they may not have a full picture of the event that took place, thus hindering their testimony.
An experienced criminal defense attorney at Love DuCote may use tactics like a cross-examination to highlight witnesses’ limited knowledge or perspective.
Nevertheless, it’s important to remember that not all of these factors will necessarily discredit a witness during a criminal procedure and the circumstances of the criminal case will depend on the specific circumstances involved.
Best Evidence Rule
The Best Evidence Rule is a legal principle that governs the use of evidence in court in the state of Texas.
Written documents, photographs, recordings, or the original version of evidence are generally required in a criminal defense case in Sugar Land, TX.
The Best Evidence Rule provides reliability and accuracy of the evidence presented in courts and is a crucial aspect of the Texas Rules of Evidence.
Discrediting Witnesses Through Best Evidence Rule
The Best Evidence Rule may be used by one of the experienced attorneys at Love DuCote to challenge the credibility of a witness.
A defense attorney could use the Best Evidence Rule in several ways to discredit a witness in a criminal defense case and we have listed some of these below.
Contents of documents or recordings could be argued as inadmissible evidence if the original version hasn’t been presented to the grand jury.
An experienced attorney may argue that the witness’s testimony is based on a copy of the original evidence, therefore, making it not entirely accurate.
A defense attorney may argue that a witness has the motive to present a distorted version of the evidence. This may make the witness’s statement or testimony be viewed with skepticism.
Defense attorneys may point toward witnesses previously accused of presenting false or unreliable evidence, this could label the witness as being untrustworthy and discredit their evidence.
On the whole, the Best Evidence Rule can be a powerful tool used by experienced lawyers to discredit witnesses in criminal defense cases.
Casting doubt on a witness’s version of events and challenging the reliability of the evidence they have provided ultimately questions their credibility.
Burden of Proof in Texas
The burden of proof is a legal obligation that the prosecution has to prove their case beyond a reasonable doubt.
This includes criminal defense cases that take place in Sugar Land, Texas, and provides judges and juries sufficient evidence to determine whether the defendant is guilty of the crime they are charged with.
With the burden of proof being held to an extremely high standard in Sugar Land, Texas, it is ever more crucial for defendants to hire an experienced criminal defense lawyer.
Discrediting Witnesses Through Burden of Proof
A criminal defense attorney from Love DuCote may look to discredit witnesses by using the burden of proof to testify in a trial.
Below we have listed some of the ways in which an experienced lawyer at Love DuCote can discredit a witness’s testimony.
- Using evidence to contradict a witness
- Using prior inconsistent statements
- Character evidence
Ultimately the burden of proof will be used as a key component by an experienced attorney at Love DuCote to create reasonable doubt in the minds of the judge or jury.
Texas Rule 613
Texas Rule 613 is a rule that governs the use of extrinsic evidence to attack the credibility of a witness.
This rule applies to all criminal and civil cases in Texas and sets out the specific requirements that need to be met in order for a witness’s testimony to be challenged.
In practice, Texas Rule 613 can be a useful tool for a defense attorney to tackle tough criminal defense cases, however, it is subject to strict and specific requirements when they have to present evidence, some of which we have listed below.
- Attorneys must provide notice to the opposing party in advance of trial if they intend to use Texas Rule 613.
- Parties must be ready to show evidence that is relevant and admissible under the rules of evidence to the judge.
- It’s important to be versed in the limitations and requirements of Texas Rule 613 and to work with a skilled attorney from Love DuCote to help navigate this complex area of the law.
Most Common Criminal Defense Cases
Criminal charges can happen in any City and state in the United States and Sugar Land, Texas, is no different, therefore it is paramount to know some of the most common criminal defense cases.
If you or a loved one has been involved in any of the incidents listed below then it is extremely important to get in contact with a defense attorney at The Love DuCote Law Firm, PLLC, by contacting our Sugar Land office today at 832-843-1691.
- DWI/DUI – Driving under the influence of drugs or alcohol is a serious offense in Texas and the penalties can be severe with prison time a possibility.
- Assault – Fights, domestic disputes, and altercations with law enforcement officers are all common criminal defense cases in Sugar Land, Texas.
- Drug Offenses – Texas has strict drug laws and offenses involving drugs can lead to prison time and hefty charges.
- Theft/Burglary – These charges can arise from a variety of situations such as carjacking, home invasion or even shoplifting.
Witnesses can be vital to all the criminal defense cases listed above, however, a skilled lawyer can attempt to discredit them to weaken the prosecution’s case in front of a jury trial.
What Our Clients Say
In the ever-competitive world of law, it is vitally important for us to stand out from the crowd in Sugar Land, Texas and we encourage our clients to leave Google reviews about our work.
Google reviews are a key insight into how some of the top businesses and law firms operate in the United States and provide future clients with a digital view of what we do.
Below we have listed some of our most recent reviews from clients who have chosen Love DuCote to represent them.
Google Five Star Review – “The DuCote law firm was very responsive and professional. They kept me up to date with everything. 5 stars are highly recommended.”
Google Five Star Review – “Everyone was very friendly and helpful. My first-time consultation with Mr. DuCote was very helpful for me to understand the process, the way he explained I was very comfortable. Fees are very reasonable. I will highly recommend this lawyer.”
Google Five Star Review – ” I had to fight back the tears when Love DuCote called me with best news. 5 stars isn’t enough for this law firm. They are definitely the best of the best law firm’s that will go to ends for their clients.”
Google Five Star Review – “I am overwhelmed and extremely satisfied with the outstanding professional representation that we received in a recent criminal case that spanned a four-year period, finally going to trial that resulted in an acquittal.”
Criminal Defense Case Results
- Sexual assault of a child (State of Texas v. VC) — Dismissed
- Aggravated sexual assault of a child (State of Texas v. CB) — Dismissed
- Aggravated robbery (State of Texas v. AR) — First-degree felony drastically reduced to 12.44(a)- county time, 10 months
- Sexual assault of a child (State of Texas v. AT) — Dismissed
- Aggravated assault with a deadly weapon (two counts) (State of Texas v. LV) — Both counts dismissed
- Possession of dangerous drugs (State of Texas v. DM) — Dismissed
- Possession of a controlled substance/fraudulent prescription (State of Texas v. EB) — Dismissed
- Robbery (State of Texas v. JM) — Dismissed
Call The Love DuCote Law Firm, PLLC, Today
If you or a loved one are seeking representation in a criminal case then you must explore the option of one of our experienced lawyers at Love DuCote.
We will work tirelessly to protect what’s important to you by offering straightforward, realistic, and discreet guidance through what can be the tricky process of a legal case.
Obtaining sound legal advice from one of our Sugar Land defense attorneys is the first step you must take before anything else.
Our managing partner Jeremy B. DuCote is a Texas trial lawyer with more than 18 years of experience and his aggressive compassion has seen him be awarded a “Superb” avvo.com rating and given the “Lawyers of Distinction” award.
Alongside Jeremy, our fellow managing partner Leigh Love has over 17 years of legal experience. She was named one of Houston’s Top Criminal Defense Lawyers for 2014. She also received the Atticus Finch Award (named after the well-respected attorney in “To Kill A Mockingbird”).
Leigh is currently listed in Yelp’s Top Ten Criminal Defense Attorneys in Fort Bend and is currently on the board of directors for the Fort Bend County Criminal Defense Attorneys Association.
There is a reason why we were awarded the Best Family Law Firm award in Sugar Land in 2022 by the Legal Directorate and our team is constantly looking to improve on these accolades.
Don’t hesitate to call us today at 832-843-1691 and explore how we can help you with your criminal defense case, your freedom may be at stake.