How Do You Prove Your Co-Defendant Is Framing You in Fort Myers?

If your co-defendant took a plea deal in exchange for testifying against you, you may be intent on proving that they are trying to frame you in order to save their own skin. But how exactly do you accomplish this goal? How do you show the court that this witness is unreliable, and that your version of the truth is accurate? This is something you might want to discuss with an experienced criminal defense attorney in Fort Myers.

Expose Their Incentive to Lie About Your Case 

An experienced criminal defense attorney can help the jury understand the co-defendant’s or witness’ incentive to lie about your case. If the authorities have promised the co-defendant a lighter sentence in exchange for a certain type of testimony (for example, one that paints you in a bad light), the court should be able to see the clear red flags.

Request Proper Jury Instructions 

Your attorney can also request proper jury instructions in this scenario. In other words, the judge is required to tell the jurors in your case that the witness testimony is inherently unreliable. When the jurors hear this straight from the mouth of a judge, they are more likely to view the witness’ testimony with serious skepticism. In Florida, this is called Jury Instruction 3.9.

While instructing the jury, the judge must mention whether the witness was promised leniency or immunity from the state. The judge must also tell the jurors to consider whether the witness has an “interest in the outcome of the case.” Finally, the judge may tell the jurors that the witness’ guilty plea in no way implies that you are also guilty.

Can I Get My Case Dismissed if It Turns Out My Co-Defendant Lied?

A lying witness does not automatically lead to dismissal of your charges. However, your charges may be dropped if it becomes clear that police officers or prosecutors coached your co-defendant or even encouraged/pressured them to lie under oath.

Expose Your Co-Defendant’s Past Lies

If your co-defendant has a history of lying to the authorities or deceiving people, your lawyer can expose this during cross-examination. For example, your co-defendant might have lied to police in the past. Perhaps they have scammed people. Maybe they even have a history of lying under oath. Whatever the case may be, these past issues can cast even more doubt on the reliability of your co-defendant’s testimony.

Can a Fort Myers Criminal Defense Attorney Help Me?

If you want to discredit a witness who is testifying against you in court, it’s important that you approach this undertaking in a legal, careful manner. With the right strategy, you can cast doubt on the testimony of your co-defendant and ensure that your version of the events is the most reliable in the eyes of the jury. Contact The Foley & Wilson Law Firm to learn more alongside our Fort Myers criminal defense attorneys.

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