“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.