False Identification in Oklahoma
In order to be convicted of a crime in Oklahoma, the prosecution must prove all of that crime’s elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case.
Many criminal cases are based largely or entirely on the identification of an eye-witness. However, eye-witness identification is not always reliable. Eye-witnesses may be in shock or so upset by the events they witnessed or experienced that they will identify anyone that look similar to the person or group of people that committed the crime. The lack of science behind witness identification is one reason why a skilled criminal defense attorney is so important to defending your case or the case of a loved one.
What can an experienced criminal defense attorney do?
Cross-examination is the criminal defense attorney’s greatest weapon; with it a skilled attorney can expose inconsistencies or common sense reasons why an eye-witness is mistaken or has a motivation to identify the wrong party.
After a witness gives testimony in response to questions by the prosecutor, your criminal defense attorney has the opportunity to cross-examine him or her. In cross-examination, your Oklahoma criminal defense lawyer can ask very pointed and specific questions to show the witness may be mistaken, not a certain as they claim, or other reasons why their identification is not credible.
How does witness credibility work?
Again, in order to be convicted of a crime, a jury must be convinced beyond a reasonable doubt that you or your loved one is guilty. In a case based largely on witness testimony, each witnesses’ credibility is a key factor in your defense.
One of the most important general closing instructions for a criminal trial is 10-8 “Credibility of Witnesses”, which states the following:
It is your responsibility to determine the credibility of each witness and the weight to be given the testimony of each witness. In determining such weight or credibility, you may properly consider: the interest, if any, which the witness may have in the result of the trial; the relation of the witness to the parties; the bias or prejudice of the witness, if any has been apparent; the candor, fairness, intelligence, and demeanor of the witness; the ability of the witness to remember and relate past occurrences, the means of observation, and the opportunity of knowing the matters about which the witness has testified. From all the facts and circumstances appearing in evidence and coming to your observation during the trial, aided by the knowledge which you each possess in common with other persons, you will reach your conclusions. You should not let sympathy, sentiment or prejudice enter into your deliberations, but should discharge your duties as jurors impartially, conscientiously, and faithfully under your oaths and return such verdict as the evidence warrants when measured by these instructions.
Oklahoma Jury Instruction # 10-8
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with a crime in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
We will identify any and all weaknesses in each witnesses’ story or recollection of the events in your case; in cases largely based on witness identification, this is the most important part of your defense.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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