The Role of Character Witnesses in Criminal Cases

If you are facing criminal charges, your lawyer is likely considering and gathering evidence. There are different types of evidence. There is physical evidence and witness testimony. Physical evidence includes emails, texts, camera footage, fingerprints, DNA, and the things confiscated from your car, house, and pockets.

There are several types of witnesses in both criminal law and civil cases. Witnesses can include fact witnesses, the people who testify in court about the facts of the case or what they saw (also called eyewitnesses). There are expert witnesses, who can provide testimony about the possibility that something happened, the results of chemical or DNA testing, medical information, accident reconstruction, and any other science. There are also character witnesses, who assess the character of the defendant. These can be a helpful part of your defense as they can influence how a judge and jury think about you by talking about all your positive traits.

If you are facing trial, character witnesses can testify on your behalf. Your criminal defense attorney can help you think about who you want to testify as character witnesses to build the strongest possible defense.

What Is the Role of a Character Witness in a Criminal Case?

A character witness will provide character evidence at your criminal trial. The best character witness knows you personally and can testify about your good character.

Ideally, they will testify about all the good things you have done, their relationship with you, and your positive character traits. Hopefully, those traits are things like loyalty, consideration, honesty, empathy, generosity, and goodness.

Their testimony can give the jury insight into your personality, life, and behavior. This can help the jury understand you better and humanize you.

What Are the Qualifications for a Character Witness?

Unlike expert witnesses, a person doesn’t need special qualifications like a degree or certification to be a character witness. The only real requirement is that they know you well enough to be able to provide evidence of good character. Character witnesses are usually friends, family members, religious clergy people, teachers, co-workers, classmates, neighbors, or anyone else who has interacted with you enough to speak honestly about who you are.

How To Choose a Character Witness

Choosing the right character witness in your criminal trial is essential. You want someone who is trustworthy, honest, credible, and able to communicate well. They should have a good reputation. They should also know you well and be able to communicate relevant and positive things about you.

Your criminal defense lawyer will be able to help you select character witnesses. Depending on your case, some character witnesses may be more effective than others.

What Can a Character Witness Testify To?

A character witness will provide the judge and jury testimony that sheds light on your personality, behavior, and reputation. They should be able to tell stories about specific incidents that highlight your character and focus on your positive traits. Their testimony must also be limited to their personal knowledge about you. They must avoid making assumptions or guesses about what they think you “would do” or “might do” in a certain situation.0

How To Prepare a Character Witness for Trial

Your criminal defense lawyer will prepare your character witnesses for their testimony. This includes:

• Explaining the process of testifying in court and what to expect
• Discussing the questions your attorney intends to ask them and how to answer them with confidence
• Encouraging them to be honest and testify only about what they know
• Recalling specific instances that point to your good character
• Staying calm and composed under cross-examination from the prosecution

Presenting effective character witness testimony will require careful planning and some expertise when it comes to courtroom technique. Your attorney should practice with them to make sure their testimony is clear, concise, and relevant to your case.

Preparing a Character Witness for Cross-Examination

The prosecution will cross-examine your character witnesses. They will question their credibility and the accuracy of their testimony. They will ask how well they know you and if they know any of your bad traits and what those bad traits are. They will ask if their relationship with you might bias their testimony about you. Their main goal is to show the jury that the witness’s testimony might not be reliable.

A character witness can be impeached, which means their credibility can be challenged. The prosecutor may introduce evidence that they are biased, are being untruthful, or have their own criminal record. Just like any other witness, if a character witness is impeached, the value of their testimony is diminished, or their testimony can be ruled inadmissible.

Get a Criminal Defense Lawyer’s Help

Effective character witnesses will offer the judge and the jury a more personal and more thorough view of who you are. An experienced criminal defense attorney will be able to choose the right character witness, prepare them for trial, and know how to present their testimony.