Criminal defense lawyers help their clients avoid the worst penalties or prove their innocence. Sometimes, an attorney’s primary role is to negotiate a reasonable plea bargain that limits the sentence the courts impose or the charges that appear on the defendant’s record.
Other times, people hire defense attorneys because they want to avoid a conviction entirely. A lawyer might challenge the inclusion of evidence and convince a prosecutor to dismiss pending charges. They could also develop a robust strategy so that they can take the case to trial and win.
Frequently, lawyers preparing for trial may choose to hire expert witnesses. What roles do expert witnesses play that make them worth hiring before trial?
Raising questions about evidence validity
Many expert witnesses are professionals who work in the sciences. They are familiar with forensic procedures and current best practices.
An expert witness can potentially convince the courts that the prosecutor’s case relies almost exclusively on junk science. Seemingly compelling evidence related to 911 call analysis or blood spatter patterns may not actually hold up under scientific scrutiny in the courtroom.
Pointing out flaws in state procedures
Another important role that expert witnesses can fill involves questioning how the state gathered, handled or analyzed evidence. An expert witness could explain the various ways that contamination may have compromised evidence.
They could show the courts that the processes in the laboratory were inappropriate or that gaps in the chain of custody indicate there may be issues with the evidence. They can also re-analyze the same evidence that the prosecutor used to show that other professionals could potentially reach a different conclusion.
Making dense information accessible
Many expert witnesses sell their services based as much on their personal charisma and communication skills as on their technical prowess. People need juries to understand complex evidence in some cases, and it can be very difficult to break down scientific procedures or technological information into easily understandable language. Expert witnesses can help make important information accessible to jurors.
Developing a robust criminal defense strategy often requires the assistance of professionals beyond just a criminal defense attorney. Defendants who get the right help have the best chances of avoiding an unfair criminal conviction.
