One of the most important strategies to be skilled at as a criminal defense attorney is attacking the prosecution’s case against their client. After all, the whole purpose of hiring a private defense lawyer is to avoid the maximum charges and penalties. One way a skilled criminal defense lawyer will do this is through witness depositions. As someone facing criminal charges, you might not think twice about the influence and effect of your case’s depositions. But the truth is, they are vital to the overall protection of your rights and preservation of your freedoms.

Continue reading to learn some facts about depositions, including why they are so important in a criminal case.

Testimonial Evidence

There are two main types of evidence submitted in a criminal defense case, both of which are equally important: physical evidence or testimonial evidence. During the discovery process, the state submits all evidence they intend to use against the defendant. This evidence can be either physical, testimonial, or both. However, often times the state lacks sufficient physical evidence, and therefore, heavily relies on any eyewitness testimony they can get their hands on. For this reason, witness depositions are very critical to the defense’s case as well.

Witness Depositions

Depositions are witness statements given under oath; the same oath anyone would take at trial or before taking the stand in court. It is a legally-binding oath that can render legal consequences if broken. Anyone who lies under oath commits the crime of perjury, which can be charged as a felony offense. Most often, depositions take place in a conference room, rather than a courtroom. Parties present during a deposition include the defense lawyer, the eyewitness, the prosecutor, and a court reporter.

Criminal defense attorneys want to make sure that the witness is credible, and will do so by conducting a series of questions during the deposition. Not only does this give a criminal defense lawyer insight on how the eyewitness might behave on the stand, it also allows them to learn the subject matter of their testimony, which in turns gives them a head start on developing a defense to attack the credibility of the witness at trial.

Credibility in Court

When an eyewitness takes the stand, their statements are not the final word. Judges and juries must find that the witness is credible, and will do so by considering various factors, such as:

✏ Their behaviors while testifying.
✏ Their relationship with the involved parties.
✏ Their personal interests, biased opinions, or prejudices.
✏ Their ability and opportunity to witness the crime.
✏ Their overall knowledge, maturity, and life experience.

Are you preparing to be a witness at trial? Read our blog, “Proper Conduct for a Trial Witness” to learn what you need to know.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.