When someone accuses you of a crime, the stakes of your Colorado criminal case are high. The outcome could determine whether you face fines, lost privileges, or even imprisonment. A guilty verdict could alter your life and increase your emotional and psychological distress.
With your future on the line, the credibility of your defense is vital. In Colorado, the lawyers of Wolf Law Firm can provide knowledge, resources, and patient guidance. If your case goes to court, we can craft your defense.
Witness testimony is often decisive in achieving a favorable outcome in Colorado courts. This blog will inform you about how to take advantage of the valuable insights that onlookers provide. You will also learn how to avoid common mistakes people make when attempting to use eyewitness testimony.
Structuring an Effective Criminal Law Argument
An effective criminal defense requires strategy and planning. The following list explains the various stages experienced lawyers follow to build strong cases:
- Case analysis: Thoroughly review all evidence, charges, and legal precedents to understand the strengths and weaknesses of the case
- Witness identification and preparation: People who witnessed the event can support the defense; attorneys prepare them for testimony to ensure consistency and credibility
- Legal research: Conduct in-depth research on relevant laws, statutes, and case law that may impact the defense strategy
- Strategic defense development: Create a tailored defense plan based on the specific facts of the case, potential defenses (e.g., alibi, self-defense), and the defendant’s goals
- Investigative support: Engage private investigators or experts to gather additional evidence, verify facts, or challenge the prosecution’s claims
- Plea bargain: Assess the feasibility of reducing sentences by negotiating a plea deal
- Pre-trial motions: File motions to suppress evidence (e.g., illegally obtained surveillance, items searched and seized unlawfully), dismiss charges, or request other pre-trial remedies to strengthen the defense’s position
- Trial preparation: Prepare for trial by organizing evidence, outlining arguments, and rehearsing with the client and witnesses to ensure readiness
- Expert testimony: If necessary, secure expert witnesses who can provide specialized knowledge to support the defense and clarify complex issues
- Jury selection: Actively secure favorable jurors for the client
- Preparation of opening and closing statements: Prepare compelling opening and closing statements that frame the case effectively and reinforce the defense narrative
- Cross-examination of prosecution witnesses: Develop strategies for cross-examining prosecution witnesses to reveal inconsistencies and discrediting facts and statements
Building an effective criminal defense requires a multifaceted approach that addresses the unique aspects of each case. By carefully considering various elements, defense attorneys can develop a strategy that best serves their clients’ interests. This process involves legal skills and a deep understanding of the client’s situation and the available evidence.
Following the Rules for Witness Testimony in Colorado
“What happened?” A clear answer to this question can be challenging to discern in criminal proceedings. Witness testimony can provide clues to discover the truth and corroborate your version of the story and other evidence discovered in the investigation.
Yet, Colorado law has rules for acceptable eyewitness testimony in a criminal case. Even if a witness describes an incident in detail, his or her account must meet specific requirements. Otherwise, this valuable evidence could be dismissed, serving you no benefit.
Collecting and documenting legal testimony
Who can give evidence in a case? In general, those who participate as witnesses in Colorado criminal and civil cases fall into the following categories.
The parties of the case
In a legal case, there are usually two main parties: the defendant and the plaintiff. The defendant is the person or group accused of unlawful actions. Plaintiffs bring the case to court, claiming they were wronged. Both parties could explain the events in their own words.
People with significant, relevant information
Witnesses provide statements or testimony based on what they experienced related to the incident. For example, an Arapahoe County resident might testify about hearing suspicious sounds or seeing the defendant at a certain place and time. Additional witnesses providing identifying information and exact accounts help the court understand what happened from different perspectives.
Recordkeepers
Your lawyer or the prosecuting attorney can subpoena or formally order someone to provide evidence or testify under oath.
In addition to oral testimony, individuals might provide documents or physical evidence such as those described below:
- Archivists: Historical documents like death certificates, military service records, and personal photographs and diaries
- Business owners: Surveillance or CCTV footage, transaction logs, or receipts
- Landlords or property managers: Maintenance registers, visitor logs, or tenant interactions
- Healthcare professionals: Medical bills, treatment logs, prescriptions for drugs, proof of pre-existing conditions
- School officials: Attendance records, disciplinary logs, or teacher or student perceptions of the accused’s character
- Neighbors: Doorbell camera footage and observations of conduct and routines
- Employers: Work schedules, emails, or evidence placing the suspect at a certain location at a specific time
- Social media companies: Digital records, messages, or posts
These pieces of evidence can significantly affect the outcome of a trial, establishing the facts and supporting the defense.
Experts
When important issues arise, attorneys often rely on an expert witness to give a professional opinion. For instance, a medical doctor might identify injuries related to the crime, distinguishing them from pre-existing conditions. He or she might also shed light on what caused the injuries, their severity, and how long it might take the injured party to recover.
In Colorado, you cannot subpoena an expert witness. A lawyer cannot use a written witness statement instead of live testimony on the stand without special permission.
At Wolf Law, we understand the importance of securing the right professionals who can give a trustworthy opinion and answer questions before a judge or jury.
Exhibits
A witness can supply and refer to physical items like police reports and objects to prove a case. Yet, Colorado law requires that public documents have proof from the public agency that they are genuine. When these certified copies are submitted to court, they are called exhibits.
Preparing individuals for testifying
The prosecution and defense must reveal the witnesses they might call at trial. Each side must also share written and recorded statements, including expert opinions. Disclosing witnesses helps ensure the parties know what to expect during the trial and can prepare accordingly.
Respecting timelines
Specific guidelines govern when attorneys must share witness lists and statements. Typically, disclosure occurs before the court trial starts to give both sides time to review the information.
Besides court deadlines, the State of Colorado sets a time limit on how long prosecutors have to file criminal charges after the incident. For misdemeanors, the limit might be as short as 18 months. Many felonies range from 3 to 6 years, depending on the severity of the offense.
According to a Legislative Council Staff memorandum, “The general purpose of these laws is to encourage the swift and efficient prosecution of crimes or closure of civil claims. They are specifically designed to ensure that physical evidence or eyewitness testimony has not deteriorated or become less reliable over time.”
Exceptions apply that might extend or suspend the statutes in certain instances. However, in Colorado, serious crimes like murder have no time limit. In other words, a prosecutor can file charges at any time.
Maximizing the Reliability of Eyewitness Identification
Witness testimony offers firsthand accounts of events. These accounts can confirm or clarify the details of other forms of evidence. For example, a witness might describe the plaintiff’s actions, corroborating photographs or amateur cell phone footage.
Besides adding credibility to known facts, witnesses can also fill in the gaps left by available evidence. While physical evidence might show actions, witnesses often reveal the context and motivations of an event. Completing this narrative for the judge and jury promotes a better understanding of the entire case and those involved.
Lineups are tools used by law enforcement to identify suspects. There are generally two types of lineup styles. In a live lineup, the witness observes multiple individuals, including the suspect, and identifies the individual believed to have committed the crime.
In a photo lineup, the witness identifies the suspect from a set of photographs. Both methods have advantages and disadvantages.
Accounting for time and logistics
Live lineups can be logistically challenging and time-consuming to arrange. Though participants cannot legally refuse to show, they have the right to have an attorney present. Photographs can be easier to organize and set up, but they lack the dynamic nature of a live lineup (e.g., access to body language, mannerisms, and physical presence).
Minimizing errors of mistaken identity
If an eyewitness makes mistakes, false convictions can occur. Mistaken eyewitness identification played a role in more than 70 percent of DNA exoneration cases.
The eyewitness identification procedures explained below can help reduce mistakes:
- Advise law enforcement personnel on best practices
- Interview witnesses at the earliest possible date after an alleged crime
- Record interviews on video (or audio if unavailable)
- Ensure police report, in writing, why the suspect appears guilty of a specific crime before placing the person in a lineup
- Use lineups with several individuals rather than a single person (i.e., a showup)
- Avoid repeating lineups with the same witness and suspects
- Make the person aware that the suspect might not be present
- Obtain a confident statement whether or not the witness identified a subject
- Record the complete process from the giving of instructions before a lineup to the confidence statement of the witness after its completion
According to the lead author, these recommendations are necessary because perception, memory, decision-making, and social influence can influence the eyewitness identification process.
Avoiding bias
If one suspect stands out, there is also the potential for bias. The witness might be more likely to select the individual even if he or she is unsure. The lineup administrator might also intentionally or unintentionally give hints, such as placing the same suspect in multiple lineups or consistently putting them at the front.
Biases can lead to misidentifications, which can have devastating consequences. Ensuring fairness in the lineup process is essential to uphold justice and protect the rights of all individuals present. Proper training, neutral rule administration, and careful selection of lineup participants can minimize unfair practices.
Ensure Your Voice Is Heard
Eyewitness identifications and statements are fundamental elements of effective criminal cases in Colorado. They provide vital firsthand accounts that can verify details and clarify ambiguous evidence, contributing to a complete defense.
If you are involved in a criminal case in Colorado, you must take decisive action to ensure your voice is heard. The experienced attorneys of Wolf Law can conduct an aggressive investigation, collect evidence, including witness testimonials, and present it effectively in your defense.
Contact our full-service criminal defense law firm today to schedule a free consultation for legal help. Our representatives are available 24/7 at (720) 479-8574 to answer questions and explain your legal options.
