Your Lawyer Knowing How To Attack The Testimony Of The Witnesses Against You Can Make The Difference Between Winning And Losing Your Case: How To Show The Jury That The Witness Made Prior Inconsistent Statements
In the high-stakes arena of criminal defense, the outcome of your case often hinges on the credibility of witness testimony. When witnesses take the stand, their words can make the difference between conviction and acquittal. That’s why having a skilled defense attorney who knows how to effectively challenge witness testimony through prior inconsistent statements is crucial to your defense.
Our skilled 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 phone consultation with one of our criminal defense attorneys near you.
Real Life Example: U.S. v. Shuemake
In a recent case, a correctional officer faced obstruction of justice charges related to firearms possession. The prosecution’s key witness was a co-worker who had allegedly loaned the defendant a firearm. The witness had made different statements at different times: first during an FBI interview, and later before a grand jury.
When the witness testified before the grand jury, his story changed significantly from his earlier FBI interview. He claimed memory loss and gave conflicting accounts of events. This is exactly the type of situation where skilled cross-examination becomes essential to exposing credibility issues.
Why Prior Inconsistent Statements Matter
When a witness says one thing early in a case and something different later, it can significantly impact their credibility with the jury. However, simply pointing out these differences isn’t enough. The law has specific rules about how these prior inconsistent statements can be used in court. Federal Rule of Evidence 801(d)(1)(A) provides a framework for admitting these earlier statements, requiring:
- The witness must testify and be subject to cross-examination about the prior statement
- The prior statement must be inconsistent with their current testimony
- The earlier statement must have been given under oath (such as during a deposition, hearing, or trial)
How a Skilled Defense Attorney Makes the Difference
Our experienced criminal defense attorneys at Wallin & Klarich know how to:
- Thoroughly investigate and document all prior statements made by prosecution witnesses
- Identify meaningful inconsistencies between different versions of events
- Effectively cross-examine witnesses about their changing stories
- Properly introduce prior inconsistent statements into evidence
- Help the jury understand why these inconsistencies matter
Strategic considerations your Wallin & Klarich criminal defense attorney will evaluate include:
- Timing of the prior statements
- Circumstances under which they were made
- Whether the inconsistencies relate to central or peripheral issues
- The witness’s explanation (or lack thereof) for the changes
- How to present the inconsistencies most effectively to the jury
At Wallin & Klarich, we understand that effective cross-examination is an art form that requires both deep legal knowledge and practical courtroom experience. Our defense attorneys are skilled at:
- Conducting thorough investigations to uncover all prior witness statements
- Developing effective cross-examination strategies
- Understanding and utilizing the rules of evidence to your advantage
- Presenting inconsistencies to the jury in a compelling way
- Protecting your rights throughout the criminal justice process
When you’re facing criminal charges, having an attorney who knows how to effectively challenge witness testimony can make all the difference. We understand the nuances of evidence rules and how to use prior inconsistent statements to create reasonable doubt in the minds of jurors.
Contact Wallin & Klarich Today
If you are facing criminal charges, contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
