How to prove mistaken identity in a criminal trial

On Behalf of | Jan 31, 2022 | Criminal Defense |

A crime has been committed. A suspect is in custody, and it is you. But you did not do it. In other words, it is a mistaken identity situation. 

It is not unheard of for an individual to be accused of, charged and convicted for a crime they did not commit. If you find yourself in a situation where you have to fight a criminal charge you have nothing to do with, you may argue mistaken identity as your defense strategy.

What causes mistaken identity in the first place?

Several factors can lead to you being mistakenly charged for a crime you have not committed. Here are some of them.

Police mistakes

Sometimes, the police can use leading questions to convince a witness to falsely testify against a suspect during the trial. At other times, the police can apply underhand techniques to get you to incriminate yourself while taking your statement.

Eyewitness errors

Even when the police act in good faith and do everything by the book, the eyewitness may still make an identification error. For instance, an eyewitness may be influenced by their own bias and single you out during identification based on how you look or dress.

Fighting mistaken identity: Tips for success

Here are a few tips that can help you prove mistaken identity:

  • DNA testing – This is perhaps the most effective way of fighting a wrongful conviction. If you are wrongfully accused, you might demand a test to prove your innocence.
  • Provide an alibi – If you were at another location when the crime in question happened, and you have an alibi to prove it, then you call on your alibi to testify in your favor.

Being accused of a crime, you have not committed can leave you confused and shaken. With so much at stake, it is important that you explore the defense options to protect your rights.