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If there are multiple identifications of the same accused, look carefully to see if the witnesses are truly independent or are tainted by suggestion, after-acquired information, or other common problems. A strong alibi can help, but isn't vital to a good identification challenge. If the witness and accused are total strangers and the accused denies guilt, then if the witness is wrong, he or she is probably honestly mistaken rather than intentionally lying.Įyewitness identification challenges are strongest when there is nothing other than the identification to inculpate the accused - no forensic evidence, no inculpatory statements by the accused, no inculpatory testimony by co-offenders, and no criminal record for similar offenses that might provide admissible evidence of a common pattern or method. If the witness knows the accused peripherally, then it is possible he or she transposed a familiar face onto a culprit with some resemblance to the accused. If the witness knows the accused well, then counsel may have a case of a lying or biased witness, but the witness is unlikely The most common eyewitness identification issue arises where a witness or victim is asked to identify a stranger. Innocent men and women are going to prison based on faulty eyewitness testimony. As the DNA exoneration cases have shown, this simply is not working. Eighty-five percent of the convictions overturned by DNA evidence have involved a mistaken eyewitness.1 Courts, however, have been strongly resistant to restricting suggestive identifications, allowing experts to testify about identification and memory, and changing jury instructions to warn jurors about the factors leading to honest-but-mistaken identifications, preferring instead to rely on cross-examination and judicial discretion. Mistaken eyewitness identification is a major problem. Trying Identification Cases: An Outline For Raising Eyewitness ID Issues

Violations of Probation and Community Control.

Getting Off Probation and Community Control.Domestic Violence Deferred Prosecution Program.Helping Clients With Mental Health and Drug Addition Issues.Strike While the Iron is Hot - Impacting the Prosecutor's Filing Decision.Petersburg Times Article - Pinellas Losing Prosecutor of Grimiest Cases

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Withhold of Adjudication: One Free Bite at the Apple.

Summary of D.U.I and Administrative Suspension Laws.Such requests are routinely made by the agency when responding to congressional requests as well as in criminal court proceedings 'to protect the physical safety of sources and the integrity of investigations,' the agency said, adding that it 'remains committed to cooperating with the Committee in good faith. The FBI said in a statement Friday that it had requested 'commonsense protections' to maintain the confidentiality of sensitive information. Republicans have said they are not interested in the informant’s identity, but the subpoena demands the document in full. The FBI has also expressed concerns that turning over the document could risk the life of the source. “Investigative reports, such as an FD-1023, include leads and suspicions, not the conclusions of investigators based on fuller context, including information that may not be available to the confidential source,” Dunham wrote. Christopher Durham, acting assistant director of the FBI, warned in a letter to Comer this week that FD-1023 forms record information told to the FBI, but recording the information 'does not validate the information, establish its credibility, or weigh it against other information known or developed by the FBI.'

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