In a criminal trial, a character witness is someone who testifies on behalf of the defendant, providing a positive impression of the defendant’s traits and actions. Character witnesses can be a powerful tool for the defense. Their testimony can help tip the scales in a defendant’s favor during the deliberation and sentencing phases of a trial.
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In this blog post, we’re going to explore the role and importance of character witnesses in criminal defense cases and discuss the criteria for selecting a character witness as well as the legal considerations involved. We’ll also demonstrate how experienced Houston criminal defense attorneys like Lisa Shapiro Strauss utilize character witnesses to boost their clients’ cases.
What Is a Character Witness?
Character witnesses in criminal defense trials are individuals who testify about a defendant’s personal qualities, reputation, and moral character. They can also be used prior to trial to assist in things like writing letters for Pretrial Diversion Packets.
A character witness differs from an expert witness, who provides technical or scientific insights, and eyewitnesses, who recount the events they observed. The role of a character witness is to provide a broader perspective on the defendant’s values, temperament, behavior, and relationships. The focus of their testimony is to “humanize” a defendant in the eyes of a judge or jury.
These witnesses can be family members, longtime friends, former and current employers and co-workers, and community leaders such as clergy, teachers, coaches, etc. Their testimony can have a big impact in cases where the evidence isn’t so clear-cut.
How Character Witnesses Impact Criminal Defense Cases
The role of a character witness is to underscore a defendant’s positive traits and values in contrast with the prosecution’s narrative. They can have a big impact on the outcome in many ways, especially in cases where:
- The evidence is lacking or circumstantial, leaving the case open to interpretation.
- The defendant’s behavior or intent is central to the case.
- The defendant has a criminal record or other damaging information.
In most cases, the more character witnesses the defense can call, the better.
Legal Considerations for Character Witnesses
Not just anyone can be a character witness. Defense teams have to be discriminating when selecting a character witness. Under Texas law, the courts often require that witnesses who provide character evidence in a criminal trial must:
- Have a personal and meaningful relationship with the defendant before the offense occurred.
- Be able to provide specific examples of the defendant’s good character and reputation.
- Avoid bias or exaggeration in their testimony.
The courts may also limit the testimony of a character witness to specific character traits relevant to the case.
During the trial, the opposing counsel may choose to cross-examine the witness, potentially bringing up prior incidents that could undermine their credibility. For example, it could be very damaging to a defendant’s case if it’s revealed that a character witness has a criminal record. To avoid a potential catastrophe, it’s important to investigate a character witness’ background before they take the stand.
Selecting an Effective Character Witness
The importance of character witnesses in a criminal defense trial can’t be denied. So, who makes a good character witness? Choosing the right person can be critical to a defendant’s case. An ideal candidate should be able to:
- Vouch for the defendant’s reliability and integrity.
- Attest to the defendant’s commitment and growth.
- Speak to the defendant’s values and contributions.
Employers, supervisors, teachers, mentors, religious leaders, and community leaders are all good choices for character witnesses. Friends and family may also be considered as character witnesses. However, their testimony may come across as being overly biased to a jury, which may reduce their value to the defense.
Preparing a Character Witness for Trial
Preparation is essential to ensure a character witness can provide effective and credible testimony for the defense. Witnesses need to be aware of the specific traits they are expected to discuss. For example, if a defendant is on trial for fraud, the character witness should limit their testimony to discussing the defendant’s honesty while avoiding irrelevant or speculative statements.
In addition, witnesses should be coached on maintaining a professional attitude, avoiding emotional reactions, and sticking to facts during their testimony. Conducting practice sessions can help a witness better understand courtroom procedures, anticipate potential cross-examination questions, and refine their answers. The goal is preparing a character witness so they can confidently present testimony that both strengthens the defense and resonates with the jury.
Frequently Asked Questions
Can anyone serve as a character witness?
Not everyone is a good choice for a character witness. To help the defense, the witness must already have a meaningful relationship with the defendant and firsthand knowledge of their character traits. They should also have a background that lends credibility to their testimony.
How does my lawyer prepare a character witness for trial?
Houston criminal defense attorneys like Lisa Shapiro Strauss work closely with character witnesses, helping them craft concise and impactful testimony, anticipate questions, and adhere to courtroom protocols. This preparation ensures their testimony supports the defense strategy without introducing risks.
What qualities make a character witness effective?
In addition to having a long-term, positive relationship with the defendant, some of the qualities effective character witnesses should possess include credibility, good communication skills, honesty, and a good reputation in the community.
Why Character Witnesses Matter in Your Defense
The testimony of a character witness in a criminal trial can provide an effective counterpoint to the prosecution’s accusations. By painting a positive picture of the defendant as a human being, they sow the seeds of doubt in a jurors’ mind. If a jury is unable to find the defendant guilty beyond a reasonable doubt, they must acquit.
Character witnesses also play an important role during the sentencing phase of a trial, especially in cases involving assault or family violence. Their testimony can bolster a defendant’s admission of remorse and regret for a crime. This can sway a jury to recommend a reduced sentence for a defendant.
Speak to Houston Criminal Defense Attorney Lisa Shapiro Strauss
If you’ve been charged with a crime in Houston, it’s important to contact Lisa Shapiro Strauss as soon as possible. As a former County DA turned Houston criminal defense attorney, she knows the tactics the state will use to get a conviction and how to deploy effective strategies to counter their charges. Character witnesses are just one of these strategies.
Just because you’ve been charged with a crime in Houston doesn’t mean you’re going to be convicted. Lisa’s representation often results in lesser charges or even acquittal for her clients. Call the law office of Lisa Shapiro Strauss today to schedule a free initial consultation to discuss your case.
