Criminal Attorney in Fort Bend Texas

PROBLEMS WITH AN IN-COURT IDENTIFICATION

If you are facing criminal charges, you need a Sugar Land criminal lawyer with experience and skills to combat common prosecutorial strategies. In-court identifications involve a scenario whereby a victim of an alleged crime is asked to identify a person in the courtroom who resembles the person who allegedly victimized him or her. Oftentimes, the victim is informed that the police already have enough evidence to arrest and charge the defendant and may have even congratulated the victim for helping to take the defendant off the streets. This is a prejudicial and unacceptable practice that your Sugar Land criminal lawyer will work hard to avoid during the trial process.

Your attorney can request alternatives to the in-court identification after asking permission from the judge. The trial judge may order an alternative at his or her discretion. Other options for identifying the defendant include:

•- Excusing the defendant from appearing at the hearing or asking him or her to wait outside momentarily for the victim to physically describe the person who allegedly victimized him or her;

•- Seating the defendant in the galley of the courtroom and placing a decoy at the counsel table during the eyewitness testimony account;

•- Requesting an in-court line-up identification; and

Shielding the defendant from the witness's line of vision.

If your Sugar Land criminal lawyer feels that one of these tactics would be best for your case, he or she must ask the judge's permission before doing so. The judge has the right to refuse the use of these tactics. Your attorney will also explain that these methods should be used in a pre-trial or preliminary hearing, and never before a jury.

The foregoing article explains one of many defensive strategies that your Sugar Land criminal lawyer can employ to help you receive a dismissal or reduced sentence. Contact the law office of John Venza today to discuss your situation.

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