Mistaken Identity: Is It a Viable Defense to Theft in Fort Myers?

The Innocence Project states that eyewitness misidentification is the leading cause of wrongful convictions in the United States. The National Institutes of Health also found that one in three eyewitnesses wrongfully identify criminal suspects. With these high rates of error, you might be wondering whether mistaken identity is a viable defense to theft charges in Fort Myers. Can a defense lawyer help you prove that the witnesses are wrong about your involvement?

Mistaken Identity Can Form the Basis of a Successful Defense Strategy

Mistaken identity can lead to a successful defense in court. This could be a particularly effective strategy if prosecutors are relying heavily on eyewitness testimony. As long as you cast sufficient doubt on this witness testimony, the court may have no choice but to let you walk free. This is because the burden of proof in criminal cases is “beyond a reasonable doubt.” In other words, you should not face conviction even if there is a small amount of doubt about your guilt.

How Can I Challenge the Reliability of Eyewitnesses?

You can challenge the reliability of eyewitnesses by cross-examining them during a trial. Your lawyer can carry out this cross-examination, and they may have an opportunity to point out inconsistencies or issues with the testimony. For example, the eyewitness may have forgotten to wear their glasses or contact lenses the night of the alleged crime.

Challenging the Reliability of Surveillance Footage 

In the modern era, surveillance footage may also lead to cases of mistaken identity. This footage may be incredibly grainy or pixelated, to the point where it is not reliable as evidence. Your lawyer can point out these issues and cast doubt on the evidence against you. A security guard or police officer might testify that you were wearing the same clothes as the individual in the security footage, and you could counter by saying that the clothing in question is relatively common.

What if I Find the Real Culprit? 

Perhaps the most obvious way to defend against mistaken identity is to find the person who actually committed the crime. Your lawyer may be able to help you accomplish this goal. If you can provide the court with sufficient evidence that someone else carried out the theft, you may be able to walk free. Of course, this may also require assistance from local law enforcement.

Can a Criminal Defense Attorney in Fort Myers Help With Theft Charges? 

If you face theft charges in Fort Myers, it makes sense to contact a burglary theft vandalism defense attorney as soon as possible. Even if multiple witnesses say they say you committed the offense, you can challenge the validity of their observations with help from a lawyer. Contact The Foley & Wilson Law Firm today to learn more about the next potential steps.

Sources: 

pmc.ncbi.nlm.nih.gov/articles/PMC4131297/

apa.org/monitor/2016/02/mistaken-identity

innocenceproject.org/eyewitness-misidentification/