How Your Lawyer Can Prove That the State’s Witnesses Are Lying

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“Impeach” is simply a fancy term for showing that a witness is less than truthful and telling the jury that the witness’s testimony should not be believed. According to the Georgia Evidence Code (O.C.G.A. § 24-6-607), the credibility of any witness may be attacked by any party, including the party calling the witness. This means that a defendant may impeach, or attack the credibility of, any witness the state calls or that the defense calls.

There are several ways to attack the credibility of witnesses. The first is under O.C.G.A. § 24-6-608 by bringing in evidence through another witness that the witness you wish to impeach is untruthful. This evidence is only allowed in the form of opinion or reputation. Evidence of truthful character is only admissible after the witness’s truthfulness has been attacked. For example, if John testifies for the State in a criminal trial, the defense may call a witness, Sally, and ask Sally about John’s reputation for truthfulness in the community. Sally may testify that John has a reputation for being a liar. The State may not, however, call Tommy to testify that John has a reputation for being truthful until after John’s character for truthfulness has been attacked. If Tommy testifies that John is truthful, the defense attorney may ask Tommy on cross-examination about specific instances in which John lied (like “are you aware that John lied about his credentials on his job application?”).

Next, a witness may be impeached by evidence of a conviction of a crime under O.C.G.A. § 24-6-609. Evidence that a witness has been convicted of any felony is admissible. If the witness has been convicted of a crime that involves an act of dishonesty or making a false statement, it is admissible regardless of whether it was a felony or a misdemeanor. Witness convictions are only admissible for 10 years from the date of conviction or the release of the witness from confinement, whichever is later. However, if the judge finds that evidence of these convictions is more probative than prejudicial, the conviction may still be admissible outside of that 10-year time limit. In this case, the party that wants to use the conviction must provide the other party notice. Georgia does not allow convictions that were later discharged because of a first offender program to be used against a witness. Additionally, a witness that has plead “nolo” to a crime cannot have that conviction used to impeach them. Witnesses who were convicted as juveniles cannot generally be impeached with their juvenile conviction unless a judge decides that that juvenile offense would be admissible to attack the credibility of an adult.

If you a charged with a serious crime, it is important to think carefully about witnesses you call in your defense, as well as any untruthful character you may know about witnesses the state will call to testify against you. For example, it might not be beneficial to call witnesses in your defense that the State can impeach. Additionally, it is important to work with your lawyer to uncover any bad facts about the State’s witnesses that can be used to impeach them. By working with the experienced lawyers at W. Scott Smith, you can create the most effective strategy to defend your case and attack the State’s witnesses. If you have been charged with a crime in the metro Atlanta area, call our office today at 404-581-0999 for a free consultation.

Terroristic Threats in Georgia

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by Mary Agramonte

Many people are surprised to learn that you can actually be arrested for threatening to kick someone’s a**. There tends to be an assumption that such a statement would be covered by our country’s First Amendment on free speech. However, this is not the case. Threatening to commit any crime of violence can result with you facing serious criminal charges in Georgia, as it can land you with an arrest for Terroristic Threats.

Under O.C.G.A. §16-11-37(b), a person commits the criminal charge of Terroristic Threats in Georgia when he or she threatens to commit any crime of violence against another. Depending on the nature of the threat, the crime can be charged as either a misdemeanor or a felony.  For example, if you tell someone you are going to hit them, it is a misdemeanor; if you suggest you are going to cause the death of someone, then it is a felony. It does not matter if the threat is by phone or in person.

In Georgia, a misdemeanor Terroristic Threat charge carries with it probation, fines, classes, community service, and a criminal history that cannot be undone. If you have been charged with felony Terroristic Threat in Georgia, you can be punished with even higher fines. Additionally, you can spend one to five years in prison, and be considered a convicted felon for the rest of your life.

Given the harsh consequences associated with an arrest for a Terroristic Threats in Georgia, it is important you have a criminal defense firm on your side who is not afraid to fight for you. There are defenses to Terroristic Threats and ways to avoid criminal conviction for it. Call 404-581-0999 to schedule your FREE CONSULTATION with a Georgia Terroristic Threat attorney today.

The Dangers of Eyewitness Testimony in Georgia

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A number of cases have been overturned in recent years due to newly discovered DNA evidence. Many of those convictions were based on false eyewitness identifications. Most of the eyewitnesses did not lie, they just “misremembered.” That is the danger of this sort of testimony because the witness may be genuinely unaware of the inaccuracies in their testimony.

One underlying issue with eyewitness testimony is a misunderstanding of how memory works. The act of remembering is more akin to putting puzzle pieces together rather than retrieving a video recording. A memory can be distorted over time or from misinformation provided by third parties. For these reasons, it is critical to document one’s memory as close in time to the actual event as possible. If you have eyewitnesses that you believe can be beneficial to your case, then you should always get them to write down as many details as possible while the memory is fresh before time and outside influences can distort that memory. For police purposes, the identification process should be videotaped if possible, and the witness should be told that the suspect may or may not be in the lineup.

There are a multitude of issues that could result in a false identification. Recognizing those issues in your criminal case is something that may require a second set of eyes. Feel free to call our office for a free consultation at 404-581-0999.