Why Our Virginia Criminal Defense Lawyers Believe Impeaching Witnesses Is a Viable Option for Your Case Strategy
If you watch movie or TV courtroom dramas, you may see scenes of a defense attorney breaking down a witness called by the prosecutor and the witness admitting they lied or that their observations aren’t as accurate as they originally stated. While real life isn’t quite that dramatic, impeaching witnesses can be a powerful defense strategy our experienced criminal defense lawyers at The Wilson Law Firm can use. We may be able to incorporate this and other defenses, even if you’re guilty, to get the charges dropped or negotiate a favorable plea bargain for you.
How We Impeach a Witness in Your Virginia Criminal Case
If your case goes to trial, the prosecutor could present the testimony of witnesses who allegedly saw you commit the crime or have other relevant information that can be used to convict you.
Impeaching a witness is the process a criminal defense lawyer may use in cross-examination or through the presentation of other evidence to raise questions about the witness's credibility or the accuracy of their observations.
Under VA. R. Sup. Ct. 2:607, a party other than the one calling a witness is permitted to impeach their credibility. Here are some ways our legal team may use this court rule:
- Lying. We may be able to cross-examine the witness or present other evidence, such as other testimony, to show that this particular witness has a bad general reputation for not being honest. This raises questions in the jury’s minds about whether the person is telling the truth in your case.
- Prior inconsistent statements. Another technique our attorneys may employ is to get the witness to admit they made inconsistent statements previously to what they’re saying on the stand at your trial. For example, they may have told another story when the police questioned them. We can use their admissions to raise doubts about their reliability as a witness.
- Prior criminal convictions. Under Va. R. Sup. Ct. 2.609, we can impeach a witness with a prior criminal conviction of a misdemeanor or felony that involves moral turpitude, such as perjury, embezzlement, or criminal fraud.
- Bias. Another way to impeach a witness is to show they have a bias against you or an ulterior motive for testifying against you. For example, the prosecutor could have offered a confidential informant a reduction in their sentence or other benefit if they agreed to provide favorable testimony at your trial.
- Inaccurate observations. Another technique our criminal defense lawyers may use is to cross-examine a witness or present evidence to establish that their observations, memories, or perceptions aren’t as accurate as they claim. This can be a powerful way to raise questions about a witness's testimony when they testify that they observed you committing a crime.
When our legal team successfully impeaches a witness, we may be able to argue that the prosecutor cannot prove all the elements of the offense you're accused of committing. We can also raise questions about whether they met their burden of convicting you beyond a reasonable doubt. If the jury finds they didn't meet this burden of proof, they must acquit you—even if they believe you’re guilty.