Can I Be Convicted on Witness Testimony Alone?

When you think about evidence that might be used in your criminal trial or that of a loved one, you might consider more reliable forms of evidence, such as DNA, fingerprints, and other physical evidence. You might also consider documents or surveillance footage. You might not necessarily consider testimony from a witness, who might be a complete stranger or someone you know very well. 

When can witness testimony be introduced in a criminal case, and how can it be challenged? The Criminal Defense Team of Baldwin Perry & Wiley PC has board-certified criminal trial specialists who can weigh the evidence and challenge it on your behalf. We explain what you need to know below and offer free consultations to discuss your specific situation. 

Standard of Proof in Indiana Criminal Cases

Like other states, Indiana requires the prosecution to prove guilt in a criminal trial by proof beyond a reasonable doubt, the highest burden of proof in a court of law. In some cases, witness testimony may be so compelling that it can rise to this level. Meeting this high burden helps ensure that someone’s liberty is not taken away based on unreliable evidence. To achieve a conviction, the prosecution must demonstrate with evidence that is so convincing that there is no reasonable doubt in the minds of the judge or jury about the defendant’s guilt. 

To meet this standard of proof with witness testimony alone, the testimony must be both compelling and consistent and free from any meaningful inconsistencies. The judge and jury ultimately decide whether they believe the witness’ testimony and how much weight they give it.

Because witness testimony is often unreliable or may leave gaps in the prosecution’s case, the prosecution often presents evidence that helps corroborate the witness’ testimony, such as video footage, receipts, documents, or cell phone data. If the prosecution does not have such corroborating evidence, it may be possible to challenge the credibility of this evidence and argue that the prosecution has not met its heavy burden of proof.

Witness Testimony in Indiana Criminal Cases 

To many people’s surprise, witness testimony alone can be used to secure a criminal conviction in Indiana, even without physical evidence to support it. Witness testimony is considered direct evidence in criminal cases. As such, it alone can be used in court in a criminal case.

Challenging the Credibility of Witness Testimony in Indiana Criminal Cases 

The key to minimizing the impact of witness testimony in an Indiana criminal case is to challenge the credibility of the witness. For example, your lawyer may argue:

• The witness had vision issues that compromised the reliability of their eyewitness identification
• The witness was biased or had something personal against you
• The witness was racist or had some other prejudice that affected the reliability of their testimony 
• The witness has provided inconsistent testimony 

Your lawyer can effectively use cross-examination to challenge questionable testimony.

Contact The Criminal Defense Team Today for a Free Consultation 

If you are concerned about the effect of witness testimony in your case, call our Indianapolis criminal defense attorneys from The Criminal Defense Team today (317) 678-9853 for a free consultation. We can review your case’s circumstances, determine the credibility of witness testimony, assess its strengths and weaknesses, and advise you on how to minimize the impact of this evidence against you.