In Minnesota Criminal Cases, There are Three Kinds of Witnesses

Trying a Minnesota criminal jury trial can sometimes be a battle of stories.  Which story makes the most sense? Which story just doesn’t hang together? What really happened? It was John Quincy Adams, an extraordinary trial lawyer before he became President of the United States, who said it best more than 200 years ago: “Whoever tells the best story wins.”  It was true then and it is true now.  But how do you tell that story? If you are facing Minnesota criminal charges, this is a critically important question and the answer is complex.  It is a combination of pretrial motions, jury selection, openings, and closings along with the most important element, through witnesses.  There are three kinds of witnesses available to you at trial and you better understand the benefits and limitations of each before you start your case. This is why you need an experienced Minnesota Criminal Defense Lawyer. Jack Rice has been doing this for more than twenty years. Contact Jack Rice Defense for a free consultation    

“Whoever tells the best story wins.”

In order to tell your story, there are three different kinds of witnesses you have at your disposal: expert witnesses, character witnesses and eye witnesses. Each can add to the story to make it compelling, believable, even undeniable. Use them well, it can make all the difference.  Use them incorrectly, it can be catastrophic. 

Expert Witnesses: Expert witnesses are brought in because they can speak with authority. Ideally, when they speak, they say things that are objectively true and can sway juries or judges based upon their expertise. While there are many different kinds of expert witnesses that may be called by the prosecution or defense in a criminal trial, some of the most common include: 

• DNA Experts

• SANE Nurses

• Medical Examiners

• Drug Recognition Experts

• Psychologists and Psychiatrists specializing in PTSD

• Breath Testing Experts

• Firearms and ballistics experts

• Criminology Experts

• Gang Experts

• Accident Reconstructionists

• Fingerprint Examiners

• Forensic Computer Experts

• Forensic chemists, toxicologists and pharmacists

Regardless of the experts used, these witnesses at their best can provide a baseline for how to look at and interpret facts. The art as a Minnesota Criminal Defense trial lawyer is then weaving these expert witness facts into a compelling story that can convince your jury. Again, this is where Jack Rice Defense shines.   

The art as a Minnesota Criminal Defense trial lawyer is weaving these expert witness facts into a compelling story that can convince your jury.

Character Witnesses: Sometimes when a criminal charge is a he said, she said, or something similar, there may be no eye witnesses and maybe no expert witnesses are necessary. As a result, some think they shouldn’t call any witnesses. That may very well be a mistake.  Character witnesses may not know anything about the charges or what happened on a specific date but they know the accused and they can have a real impact. First, it is critical to establish the credibility of the character witness themselves.  Why should a jury believe them in the first place?  Second, remember that the prosecutor will try to undermine their credibility by talking about the charge so it should be addressed during the direct examination. Finally, a character witness can speak to general character. This has its limitations but can help fill in the gaps that eye witnesses and expert witnesses leave out.  Remember, it is all about the story.

Remember, it doesn’t really matter what your witness says if the jury thinks they are completely biased and a liar.

Eye Witnesses: The most common witness most people think about is the eye witness.  This is the kind of witness they see in the movies who can take the stand and describe on this night, in this place and at this time.  Actually, these kinds of witnesses can be crucial in setting the scene. They are a necessary part of “telling the best story.” It is important to remember that part of putting an eye witness on the stand is to establish their credibility. Simply put, why is it that a jury should believe them?  After all, it doesn’t really matter what they say if the jury thinks your witness is completely biased and a liar.  So, establishing their independence and credibility is necessary before talking about what they think, saw, heard, felt or whatever.  If you do this wrong, they won’t just be ignored. Rather, they can destroy your credibility as well as their own. The last potential eye witness is you. Calling a defendant to the stand can be important but can also be fraught with dangers so I’ll leave this to another day.  Again, the team at Jack Rice Defense can talk more about this. 

Calling witnesses can be critical to winning your case.  However, knowing when to call witnesses and what to do with them once you do is critically important. Make sure that you contact an experienced Minnesota criminal defense attorney to know the difference.  Jack Rice is a Board Certified Criminal Law Specialist with extensive jury trial experience.  Contact Jack Rice Defense for a free consultation or cal 651-447-7650 or 612-227-1339.