One piece of evidence that you and your criminal attorney from a firm like The Law Office of Gregory J. Hermiller, LLC might come up against is an eyewitness identification. When a person says that you are the person he or she witnessed committing a crime, it can be hard to dispute that. It is not impossible though. During and after a lineup, your lawyer can take action to help ensure that your rights are respected when it comes to the identification.

Are Lineups Fair?

Many criminal lawyers have challenged the fairness of lineups. In fact, there have been cases in which eyewitnesses have fingered the wrong person. Usually, it is not until after the trial is over that the truth comes out. 

There are several factors that can influence how fair the process is. One is who else in the lineup. If you are the only one in the lineup that fits the description of the suspect, the eyewitness could be unfairly swayed towards choosing you.

Another is how the police presents the lineup. Whether or not they realize it, eyewitnesses often look at the police for cues that they are picking the right person. Actions, such as the police asking you only to step forward for a closer look, could influence the lineup. 

Ideally, eyewitnesses are not allowed to talk with each other prior to or after a lineup. However, it has happened. This can lead to confusion about what the suspect actually looked like. 

What Can Your Lawyer do?

Fortunately, there are some things your lawyer can do to help improve your chances of facing a fair lineup. Your lawyer is legally allowed to monitor the lineup and check for signs that the police are unfairly influencing the eyewitnesses. 

Your lawyer can also challenge an identification by witness. If the lawyer witnessed anything improper that occurred during the lineup, he or she can use it to help challenge the identification. For instance, the lawyer can rely on video from the police station that shows the witnesses talking to each other prior to the lineup.

If the eyewitnesses spoke at length to the police or prosecutor prior to the lineup, your lawyer could argue that it is possible the witnesses were coached. 

The idea of facing a police lineup can be a scary one, but you and your criminal lawyer can handle it. If you do not have a lawyer at this point, it is imperative that you have one by the time that you face an eyewitness in a lineup.