One of the important issues in criminal cases is the identification of the person who is alleged to have committed the crime. In these situations, the attorney who is prosecuting the individual has the burden of establishing that beyond a reasonable doubt, the individual in question committed the crime. The strength of these identifications depend greatly on the opportunity that a person has to observe the witness at the time of the offense. To respond to an identification of a witness, individuals often find it essential to retain the assistance of a skilled attorney.

Factors that Can Weaken a Witness’s Memory

There are many factors that can greatly impair a witness’s ability to remember how an event occurred. Some of these elements include the following:

• Adverse weather conditions as well as poor lighting can can greatly impair a witness’s vision and recollection of how a crime occurred.
• Similarities based on race are likely if the witness is of a different race than the person there is a greater risk that the witness will not properly remembered how events occurred.
• The amount of stress and emotional strain that a witness is under at the time of identification can greatly impact the witness’s ability to accurately recall what happened.
• The presence or specific instructions of law enforcement can weaken a witness’s ability to correctly to recall how events occurred.

Wade Hearings

To challenge an identification procedure, a defense attorney can request a hearing to suppress the identification as unnecessarily suggestive. These hearings are referred to as Wade Hearings, which is named after a defendant in a case in which the court discussed the potential for some eyewitness identifications to incorrectly influence a case. In Wade Hearings, a defendant might have to testify to establish the relevant facts concerning the identification. Fortunately, statements provided by the defendant at this point often cannot later be used at trial.

Witness Identification During Lineups

There is a great potential for incorrect identifications by witnesses during a police lineup to significantly influence a case. The damage caused by lineups is that witnesses frequently do not have the ability to correctly identify the witness. Legal counsel is able to be present at a lineup on the basis that a person who has been charged with a crime has the constitutional right to an attorney. In some cases, law enforcement might try to prevent a defense lawyer from obtaining a lineup by convincing a suspect to voluntarily participate in a lineup before charges are filed. If you have not been arrested, law enforcement cannot require you to participate in a lineup. As a result, if you have been charged with a crime, never agree to a lineup prior to speaking with skilled legal counsel.

Speak with an Experienced Criminal Defense Lawyer

The legal counsel at The Law Offices of Shein and Brandenburg has the experience necessary to successfully defend individuals who have been falsely identified and can raise strong defenses in these issues. To speak with an attorney at our law firm, do not hesitate to call us today or fill our convenient online form.