Once it is determined the government has some sort of technical or expert related evidence they intend to introduce to trial, it is incumbent upon the Virginia federal defense team to examine that evidence and possibly employ an expert of their own to evaluate that evidence.
When an expert evaluates the government’s evidence, they formulate their own opinion about what it means. Forensic evidence is interesting in the sense that it’s very often where science meets the law. At the same time, there are still different possible interpretations of forensic evidence and one expert’s opinion may digress from another expert’s. In almost every instance where science meets the law, it is advised to have some sort of expert for the defense ready to refute whatever the government states their scientific evidence means.
It depends on the type of analysis that was conducted. In many cases, the science itself might be flawed. In other cases, the procedures or devices used might be flawed. A federal criminal defense lawyer in Virginia will need their own expert witness to jump into the fray to look at every piece of the puzzle the government is attempting to fit together to determine whether or not those pieces fit the way the government’s expert witness testifies. Bringing in another expert witness who refutes the government’s witness will help someone not only weaken the prosecution’s case but will simultaneously strengthen the defense’s case.
Very recently, there have been a number of studies conducted on the validity and accuracy of eye witness testimony. Generally, the findings have been very favorable for defendants. Specifically, studies have revealed eye witness testimony is generally unreliable and there are certain ways that to cross examine eye witnesses to bring forth their lack of credibility. Usually, eye witnesses to crimes are well meaning and want only to do their duty as a citizen, but science has proven that specific recollection of events witnessed firsthand is very often flawed. There are certain cross examination techniques to employ to bring out the inaccuracy or unreliability of eye witness statements and testimony.
When you hire an experienced Virginia federal criminal attorney for your defense, you should hire someone who understands how to attack eye witness testimony and weaken it.
In the vast majority of federal cases, there is going to be a significant number of documents introduced by the government in an attempt to prove their case. The first part of any solid federal criminal defense in Virginia is to analyze the documents independently and be prepared to argue to the jury that they might mean something different than the government alleges. Additionally, the defense team’s investigation might reveal additional documents not in the possession of the government, which could substantiate any defense being raised. Dealing with documents really is a two-part issue. First, the attorney must address those which the government intends to introduce at trial. Second, the attorney needs to find documents to introduce at trial to attempt to refute the government allegations.