Evidence in a Hampton Roads Robbery Defense

Evidence is instrumental in every case. Without evidence, it is impossible to construct an argument of your own or to refute the prosecution’s argument. Evidence in a Hampton Roads robbery defense is downright crucial. A lawyer has to attack the weakest aspect of the prosecution’s case because they have to prove every element of the crime in order to obtain a guilty verdict. It is difficult to always know what the weakest part of the case will be. A common strategy is to attempt to exploit the witness that seems most easily exploited. If you have been charged with a robbery offense and need help building a defense, speak with a skilled attorney that could advocate for you.

Preparing for a Deposition

In Virginia criminal trials, depositions are not commonly used. However, it is possible the defendant may testify. If an attorney is planning on calling the defendant to testify, a lawyer could be sure to go over the questions that they anticipate the prosecution asking the defendant. That is the risk of having a defendant testify, that the prosecution will be able to ask the defendant questions.

Refuting the Prosecution’s Evidence

The strategy used by a robbery defense lawyer when using evidence in a Hampton Roads robbery defense will depend on the evidence available to the Commonwealth. The lawyer’s job is to convince the judge or the jury that the Commonwealth’s case is incorrect.

Whatever the particular defense theory happens to be, that is always the main goal. Making witnesses conflict or contradict each other is a good way to do that. A defense lawyer will look for any holes in the recollections of any witnesses brought by the Commonwealth. There are even ways to dispute forensic evidence if such evidence is available.

How Attorneys Handle Forensic Evidence

In order to dispute the forensic evidence, the defense will have to know exactly what it says. Often times DNA evidence will narrow down the pool of available suspects, but it will not necessarily pinpoint the crime to a certain person. A lawyer will want to point out any way that the forensic evidence does not specifically implicate their defendant in a certain crime.

Inaccuracies of forensic evidence will typically have to be demonstrated through a witness. This may be done through the defenses’ own expert witness if the evidence is scientific in nature, or through the prosecution’s witness if there are inconsistencies.

Ways Expert Witnesses Can Help

Expert witnesses are people who have specialized knowledge of a particular field.  Expert witnesses are important because they provided a level of testimony that a layperson simply could not give. Someone will seek out an expert witness to use when their opinion fits with the theory of their case. Expert witnesses are able to explain complicated scientific evidence to the jury in a way they can understand. Expert witnesses can make evidence in a Hampton Roads robbery defense more accessible for members of the court and/or jury.

Impact Eyewitness Testimony Can Have on a Case

Eyewitness testimony is notoriously unreliable in criminal cases. People forget things over time, and it is common for their mind to play tricks on them. Eyewitness testimony is also the most common type of evidence you will see in these cases.

Documentation, physical evidence, and forensic evidence all tend to be a lot more reliable than eyewitness testimony. Something like a receipt showing someone was at a certain place at a certain time is very hard to refute.

Impeaching Eyewitness Testimony

The best way to impeach the testimony of an eyewitness is to find some part of their statement that does not match up with the rest. This can either be through inconsistent testimony or perhaps an earlier statement they made to police. These statements are important to present to the judge and jury in order to show that the witness making the statements cannot be trusted.

Value of a Hampton Roads Robbery Attorney

A skilled defense lawyer should sit down with you and go over all of the evidence in a Hampton Roads robbery defense.  There are important decisions for the lawyer to make, such as whether or not the defendant should testify, so it is important to be thorough in going through the evidence. A lawyer should also sit down with you and discuss whether there are any witnesses that need to be called in. If you have been charged with robbery and need help building your defense, work with a skilled attorney that could help you determine what evidence bolsters your case.