How We Try To Get Your Conviction Reversed If You Can Show A Key Witness Lied At Your Trial And You Were Found Guilty

Imagine realizing that your future hangs in the balance because a key witness in your trial lied. For accused individuals, this can seem like a nightmare without an end. However, there is hope. If we can prove that a key witness lied at your trial, you may have a chance to reverse your conviction. This guide explores how witness falsehoods impact legal outcomes and what steps you can take to fight for justice.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our experienced criminal defense appeal attorneys near you.

Understanding Witness Testimony

Witness testimony plays a crucial role in legal proceedings. It can sway juries, influence judges and ultimately determine the outcome of a case. However, not all testimonies are created equal. There are different types of witnesses who testify at trials in criminal cases.

First, there are eyewitnesses, who claim to have seen the crime occur. Their accounts can be powerful but also prone to error due to factors like stress, poor lighting, mistaken memory or a motive to lie.

Next, we have character witnesses, who provide information about the accused’s prior behavior. This  type of testimony can tell the jury about the prior positive or negative history of the accused.

Last, there are expert witnesses, who lend their specialized knowledge to clarify complex aspects of the case. Their credibility can significantly impact the judge or jury’s verdict in any case.  

Understanding the different types of witness testimony helps in identifying the potential weaknesses and strengths of each one.

Identifying False Testimony

Spotting false testimony is both an art and a science. Key indicators include inconsistencies in the witness’s story. For instance, if their account changes between the initial police report and the trial, it raises red flags. Another indicator is the presence of bias. If the witness has a personal stake in the case, their testimony may be skewed.

Behavioral cues also offer insights. Witnesses who avoid eye contact, exhibit nervous body language or provide overly rehearsed answers may not be truthful.

Our experienced criminal lawyers  employ several techniques to unearth falsehoods. Cross-examination is a powerful tool where attorneys ask probing questions to expose inconsistencies. Additionally, corroborating evidence from other witnesses or physical evidence can either support or contradict the witness’s claims.

Legal Recourse for Convictions Based on False Testimony

If you believe a false testimony contributed to your conviction, several legal avenues can be pursued. The most common method is filing a petition for post-conviction relief. This happens in cases where we file a motion for a new trial on your behalf. This process involves presenting new evidence that was not introduced during the trial. The judge will decide if a motion for a new trial is granted. If it is granted our clients are entitled to a new trial and any prison or jail sentence they may have received is set aside.

Case Example: Clements v. Madden

Charles Clements faced serious charges, including two counts of aggravated kidnapping, three counts of second-degree robbery, and a solicitation to commit murder. These charges stemmed from a shocking incident where he allegedly kidnapped a pregnant woman at gunpoint and forced her to rob her bank. The murder solicitation charge was added later, based on testimony from a jailhouse informant named Donald Boeker. Boeker claimed Clements intended to plant evidence to blame the victim for the crime and wanted to have her killed to prevent her from testifying against him. While the jury found Clements guilty of aggravated kidnapping and robbery, they could not decide on the murder solicitation charge, which was eventually dropped. It later emerged that Boeker was an unreliable witness, having lied about receiving parole considerations for his testimony. Clements filed a petition for habeas corpus relief (petition for post-conviction relief), arguing that false evidence presented by the prosecution affected the jury’s decision to convict him of aggravated kidnapping. The district court denied his petition, and he subsequently appealed the decision.

The appellate court decided to reverse the previous ruling and send the case back for further consideration by the trial court. The trial court had to decide whether  the false evidence might have influenced the jury’s decision. The court found that Boeker’s testimony did likely impact the outcome of the trial. The judge who presided over the jury trial determined that the false information provided by Boeker, along with the prosecution’s failure to correct this misinformation, likely affected the jury’s evaluation of the kidnapping charges. Therefore, the court instructed that the petition for habeas corpus regarding the aggravated kidnapping charge should be granted. This led to the defendant receiving a new trial.

What To Do If You Believe A Witness Lied in Your Case

If you find yourself in this situation, the first step is to secure capable legal representation at Wallin & Klarich. Our experienced criminal defense appeal attorneys can guide you through the complexities of bringing a motion for new trial on your behalf. We will do everything possible to gather as much evidence as possible. This includes obtaining transcripts of the trial, locating new witnesses, and collecting any physical evidence that may support your claim.

After gathering sufficient evidence, the next step is to file a petition for post-conviction relief. This legal document outlines your argument and presents the new evidence. This also requires that witnesses be called at a hearing so the judge can evaluate how this new evidence might have impacted the verdict in your case. It’s essential to work closely with one of our skilled criminal defense attorneys to ensure that the petition is compelling and comprehensive.

Contact Wallin & Klarich Today 

If you believe that a key witness lied at trial in your case, you need to contact an aggressive appeals attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the legal process, and we will do everything in our power to help you achieve the best possible result in your case. 

If you are looking for a criminal defense attorney near you, then you can reach out to us at any of our offices. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.