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How Do You Plead A Mistaken Identity Defense?

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While eyewitness testimony is often crucial in a criminal trial, the memory of an eyewitness can change or blur due to numerous factors. If you face charges for a crime you didn't commit, then you might consider pleading the mistaken identity defense. Emphasize the defendant's specific physical features, such as a prominent mole, receding hairline, speech impediment, scar or tattoo. Most eyewitnesses describe general physical attributes, including height, weight, age, sex and race. If the defendant possesses a prominent physical feature, such as a large scar over his left eye, that none of the witnesses mentioned, you may be able to introduce enough doubt to win the case or have it thrown out. Analyze how authorities compiled the identifying factors in the case. Make sure that authorities questioned witnesses appropriately and obtained information according to the law (see Resources below). Determine if police conducted fair and competent identifying tasks, such as assembling a ... more
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