When a person is arrested on criminal charges in New Jersey, it can be a daunting prospect to try and avoid a conviction and the accompanying consequences. This is true regardless of the allegations whether they include driving under the influence, theft, violence, white collar crimes, or any other charges.
Police and prosecutors will do whatever they can to prove the allegations and secure a conviction. That will inevitably include gathering witnesses to the alleged criminal acts. Since their recollection and testimony is so fundamental to the outcome of the case, it is important to take a close look at the witnesses, their background, gauge if they have any ulterior motives, and to search for ways to call their statements into question.
Questioning a witness’ truthfulness or untruthfulness
A defense attorney will look at a witness and their credibility when crafting a defense. The law allows for a witness to be scrutinized in this way. There are several areas to consider when taking this tack.
People will have a reputation in their community. If they have a poor reputation and a history of being dishonest, then a beneficial tactic would be to prove that to rebut their testimony. Their evidence could also be based on an opinion rather than fact. This might not be sufficient to prove the defendant did anything to warrant the criminal charges.
Witnesses who have a history of making false allegations or statements could see their credibility attacked and their testimony invalidated. This could be against the defendant in the case or in other cases.
During cross-examination, the defense attorney will be able to look at specific conduct even if it did not result in a conviction. This will be at the court’s discretion, so it is essential that a full background check be conducted to determine how the witness behaved in the past. Witnesses are protected by the right not to self-incriminate if they are testifying about their character and whether they are telling the truth.
A comprehensive criminal defense explores all avenues
A criminal defense does not hinge solely on the allegations laid out by police and the prosecution. There is likely to be witness testimony to bolster the case and pursue a conviction. This is true no matter the level of charges and their severity.
Given the long-term ramifications that accompany a criminal conviction, those who are facing this challenge need to be cognizant of their rights and do whatever possible to try and fight the charges. Having guidance and help from professionals who understand all areas of criminal cases is a vital first step.