How Can the State Get a Conviction if It’s Just He Said/She Said?

In Texas, a person can only be convicted of a criminal offense if the state can prove, beyond a reasonable doubt, that the defendant committed the crime in question. The evidence that a state uses when attempting to satisfy this burden will vary depending on the type of case, but the most common forms of evidence include eyewitness testimony, video recordings, photographs, and official police reports. Generally, the more evidence that a prosecutor has, the more likely he or she will be to obtain a conviction. This does not mean, however, that a judge or jury won’t convict a defendant based purely on the accuser’s testimony. In fact, this occurs much more often than most people realize.

Is the Accuser Credible?

When evaluating evidence, judges and juries will assess whether it is credible beyond a reasonable doubt. This applies equally to witness testimony as it does to more objective evidence, like surveillance footage. Due to its more subjective nature, however, eyewitness testimony, especially that of the accuser, is sometimes given less weight than other kinds of proof, which is why prosecutors always prefer to have additional corroborating evidence at hand. If such evidence isn’t available, the state can still pursue charges and in some cases, obtain a conviction based solely on that single credible witness. A defense lawyer’s strategy in these instances will typically lean strongly towards showing the inconsistencies in that testimony to create doubt in the minds of the judge or jury.

Casting Doubt on the Accuser’s Claims

When the state’s case hinges on a single accuser’s testimony, establishing doubt regarding the truthfulness of that statement will be critical to the outcome of the case. To this end, a defense attorney will look to highlight discrepancies in the accuser’s story. Perhaps the statement given to police at the time of arrest differs slightly from the description of events given in court. In other cases, a defense attorney may be able to establish that the accuser has an ulterior motive in making the accusation. Perhaps the case involves allegations of domestic violence and the parties had previously been involved in a lengthy custody battle. The best opportunity to poke holes in the story provided by the accuser will come during cross-examination, where probing questions can reveal inconsistencies, biases, and outright untruths. If these efforts cast more than reasonable doubt on an accuser’s story, then a judge or jury will be legally obligated to dismiss a case.

The Legal Representation You Deserve

While the hope is that accusers who make criminal allegations will state the truth exactly as it occurred with no embellishments or ulterior motive, the reality is that this is often not the case. Fortunately, there are strategies that a defense attorney can use to help uncover the truth. To learn more about building a strong defense to the allegations made against you, please call 512-805-6613 and schedule a meeting with the dedicated San Marcos and Hays County, Texas criminal defense attorneys at The Law Offices of David C. Hardaway today.

Source:

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