Our criminal defense lawyer in Fort Worth has developed a solid defense strategy when cross-examining witnesses for the prosecution in robbery cases during the preliminary hearing. We challenge their identification of you by following specific procedures. We want to avoid tainting the victim, who might simply state at trial that you are the perpetrator if he or she sees you sitting by our defense attorney. Instead, we place you in the audience or ask for a positive identification before court via a line up.
Sizing Up a Witness
During the cross-examination, your lawyer will repeat the basic description that the witness previously gave. Then, he will press the victim for further details about the defendant’s physical appearance, such as possible age, size, ethnicity, overall build, hair, scars, tattoos or other identifying features. If the victim does not remember, your lawyer will challenge additional details that he or she adds at trial. However, in other cases, the victim can begin to elaborate with numerous details. Our attorney will use his best judgment, based on his past experience at this point. He will consider how open the witness is and how much he or she will talk on the stand.
Common Questions for a Robbery Victim
Your lawyer might use a script similar to the following:
- What else did you observe about the defendant?
- Could you see his or her face? What do you remember about it?
- Did the defendant talk at all? What did her or she say?
- How did his or her voice sound – high, low or somewhere in-between?
- Did the defendant have an accent?
- What was the defendant wearing? Describe his or her clothes.
- Were there working street lights?
- Do you know anything about guns?
- Did you know the difference between different kinds of weapons?
- What kind of weapon did the defendant have?
- What was the color, make and caliber of the gun? Depending on how the victim responds, these questions can possibly cast doubt on his or her testimony.
Call Our Criminal Defense Lawyer in Fort Worth at (877) 208-3382
For additional defense strategies in your case, contact our criminal defense lawyer in Fort Worth at the Law Office of Bryan P. Hoeller.