Kohn Smith Roth
  • Home
  • About
    • Attorney Profiles
  • Criminal Defense
    • Drug Crimes
    • Drunk Driving
    • Sex Crimes
    • White Collar Crimes
    • Violent Crimes
    • Appeals
    • College Student Defense
  • Articles
  • Blog
  • Contact
Select Page

Why witnesses can be helpful–and problematic

On behalf of Kohn Smith Roth | Jan 11, 2018 | blog

When prosecutors and defense attorneys try a case, one of their top considerations is which witnesses to bring to the stand. Of course, some witness choices are more necessary and obvious than others. For example, if the charge in question is vehicular homicide, then a witness who claims to have seen the incident could be a must-have for the stand and can help prosecutors get a conviction.

Note the “can help,” though, not a “will help.” Not all witnesses are created alike, and some witnesses have problems that affect how prosecutors and defense attorneys handle them.

The setup

It could actually be that the problem resides not with the witness but with the setup of the scene: low light, occurrences some distance away, cross-racial identification and so on. In such cases, the witness could be 100 percent accurate about what he or she saw but unless cameras were present and recording, there is really no way to know. If a prosecutor puts someone like this on the stand, defense attorneys may be able to introduce reasonable doubt about what the witness really saw.

How the witness comes across

Some witnesses come across as extremely trustworthy and personable, and in a sense, they can sometimes “get away” with more than witnesses who come across as boring, dry, hostile or somehow negative. Say that the charge in question is phishing. A witness who is able to explain about phishing in layman’s terms and without appearing cocky or dull could have more success with a jury than a witness who may know more but who cannot communicate as well as the other witness.

If you are defending against such a charge, your defense attorney is likely to evaluate several witnesses for factors such as personality and credibility and put the ones who can most help you on the stand. Similarly, if a defense attorney thinks a defendant may not come across well on the stand, there is likely to be advice not to testify.

  • Facebook
  • Twitter
  • LinkedIn

Categories

  • blog (9)
  • Criminal Defense (8)
  • Domestic Violence (12)
  • Domestic Violence (10)
  • Drug Crimes (145)
  • Drug Crimes (10)
  • Federal Crimes (39)
  • Internet Crimes (43)
  • Sex Crimes (125)
  • Sex Crimes (10)
  • Uncategorized (15)
  • Violent Crimes (50)
  • Violent Crimes (10)
  • White Collar Crimes (75)
  • White Collar Crimes (10)

Archives

  • October 2019 (6)
  • July 2019 (2)
  • June 2019 (1)
  • May 2019 (2)
  • April 2019 (1)
  • March 2019 (3)
  • January 2019 (2)
  • December 2018 (2)
  • November 2018 (2)
  • July 2018 (5)
  • June 2018 (15)
  • May 2018 (4)
  • April 2018 (8)
  • March 2018 (9)
  • February 2018 (11)
  • January 2018 (13)
  • December 2017 (10)
  • November 2017 (11)
  • October 2017 (8)
  • September 2017 (9)
  • August 2017 (10)
  • July 2017 (7)
  • June 2017 (11)
  • May 2017 (9)
  • April 2017 (15)
  • March 2017 (12)
  • February 2017 (9)
  • January 2017 (6)
  • December 2016 (6)
  • November 2016 (11)
  • October 2016 (9)
  • September 2016 (8)
  • August 2016 (12)
  • July 2016 (7)
  • June 2016 (11)
  • May 2016 (10)
  • April 2016 (8)
  • March 2016 (9)
  • February 2016 (11)
  • January 2016 (9)
  • December 2015 (10)
  • November 2015 (4)
  • October 2015 (9)
  • September 2015 (9)
  • August 2015 (8)
  • July 2015 (10)
  • June 2015 (8)
  • May 2015 (9)
  • April 2015 (8)
  • March 2015 (9)
  • February 2015 (8)
  • January 2015 (9)
  • December 2014 (9)
  • November 2014 (8)
  • October 2014 (9)
  • September 2014 (10)
  • August 2014 (9)
  • July 2014 (8)
  • June 2014 (9)
  • May 2014 (9)
  • April 2014 (8)
  • March 2014 (9)
  • February 2014 (8)
  • January 2014 (9)

Recent Posts

  • Why do false domestic violence allegations arise?
  • Should you avoid social media while under investigation?
  • Do you know the different types of domestic violence?
  • Breaking down the risks of sharing prescription medication
  • Committing accidental credit card fraud

Subscribe To This Blog’s Feed

findlaw-network

Contact Us For Help

EMAIL US FOR A RESPONSE

Kohn Smith Roth
Milwaukee Criminal Defense Attorneys

Kohn Smith Roth
1110 N Old World 3rd St Suite 201
Milwaukee, WI 53203

Milwaukee Law Office Map

Follow Us On

  • Follow
  • Follow
  • Follow

© 2019 Kohn Smith Roth. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters