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MC Criminal Law June 10, 2022

In Texas criminal trials, eyewitness testimony is often used as evidence to convict a defendant. While an eyewitness testimony may be very convincing to the judge or jury, it is still possible to challenge the testimony or statements made by the witness. A knowledgeable Texas criminal defense attorney can enlighten you about the role of eyewitness testimony in a criminal trial and how to challenge it.

At MC Criminal Law, our attorneys have devoted their careers to defending and representing individuals in their criminal cases. As your legal counsel, we can investigate the surrounding facts of your case thoroughly and outline a strong defense strategy to challenge the eyewitness testimony. Also, we will refute the allegations against you with factual evidence and improve your chances of achieving the best available outcome for your unique situation.

MC Criminal Law proudly represents clients in Dallas, Texas, and throughout surrounding areas of North Texas, including Denton, Fort Worth, and McKinney.

Role of Eyewitness Testimony in a Trial

Eyewitness testimony can be described as direct testimonial evidence that involves calling upon a person who witnessed the event, incident, or crime (eyewitness) to identify the defendant or give their account of the incident or criminal act committed.

In a criminal investigation, prosecution, or trial, eyewitness testimony can help establish facts and provide clear insights into the alleged crime. Here are some pros and cons of eyewitness testimony:


  • It can influence the decision of the judge or jury.

  • It can shed more light on the events leading to the crime.

  • It can be used as direct evidence during criminal trials or prosecution.

  • It is often reliable and accurate.

  • It provides an accurate recollection of the event.


  • It relies solely on the individual’s memory or ability to recollect.

  • It may not always be accurate.

  • The witness can make up some parts of the story.

  • The wrong person can be convicted.

  • It can be manipulated or bought.

A knowledgeable attorney can help you understand how eyewitness testimony can affect the outcome of your criminal case and craft a strong defense strategy to challenge its validity.

How Influential Is Eyewitness Testimony?

Eyewitness testimony is one of the most convincing and compelling kinds of evidence that may be presented against a defendant in a criminal trial. A lot of individuals, including the judge and jury, trust the eyewitness to give an accurate description and clear insights into the events that actually occurred at the alleged crime scene.

However, despite the fact that eyewitness testimony is convincing, it may not always be accurate or reliable. According to The Innocence Project, mistaken eyewitness identifications resulted in about 69% of over 375 wrongful convictions in the United States overturned by post-conviction DNA evidence. Due to inaccurate eyewitness identifications, the police will end up investigating or building a case against an innocent person. This may ultimately lead to a wrongful conviction.

To avoid a wrongful conviction, hiring a skilled criminal defense attorney is imperative to build your defense. Your legal counsel will know which testimonies will be most effective in the defense, as well as how to challenge the eyewitness testimony in pursuit of the best available outcome.

Challenges to Eyewitness Testimony

In Texas criminal trials, a defense counsel may be able to challenge the eyewitness identification or testimony by:

  • Exposing bias or animosity that might have led to false identification.

  • Challenging the eyewitness’ memory or recollection ability

  • Questioning the vision of the eyewitness

  • Exploring any barriers to perception

  • Challenging the procedures involved in the photo array or lineup.

A skilled Texas criminal defense lawyer can help disprove the information provided by the eyewitness with substantial facts and evidence, find inconsistencies in their statement and testimonies, and seek to have the eyewitness testimony excluded from the criminal trial. 

How MC Criminal Law Can Help

Hearing that an eyewitness will testify against you at trial can leave you unsettled. However, this doesn’t mean you will be convicted of your criminal charges. The conditions at the crime scene, previous animosity, memory limitations, and contamination can make an eyewitness testimony inaccurate and unreliable. A skilled criminal defense attorney can explore your possible legal defenses and determine the best way to challenge the eyewitness testimony.

With over 30 years of combined experience, our skilled defense attorneys at MC Criminal Law have the knowledge and diligence to represent clients facing criminal charges. Using our extensive trial experience, our trusted team of attorneys will strive to investigate every detail of your unique situation thoroughly and strategize an effective defense to challenge the eyewitness testimony. We will fight aggressively to uphold your legal rights and make sure you’re given fair treatment in every phase of the legal proceeding.

Contact MC Criminal Law today to schedule a simple case assessment with experienced criminal defense attorneys. Our trusted team will offer you the comprehensive legal counsel, advocacy, and reliable representation you need in your case. We’re proud to represent clients in Dallas, Texas, and throughout surrounding areas of North Texas, including Denton, Fort Worth, and McKinney, and we look forward to helping you create a brighter future.


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