The Role of Expert Witnesses in Criminal Cases

Jacksonville criminal cases can be complicated and technical in many ways. One issue many people don’t think to consider in many criminal cases is the need for expert witnesses. Of course, not every criminal defense requires an expert witness. But, in some cases, expertise in a certain sector of forensics, psychiatry, or another field may be the key to a successful defense. Now in Florida, expert witnesses are like any other witness, with one exception, and that is expert witnesses may provide opinion testimony. However, the opinion of an expert is only reliable when given on a subject on which they happen to be an expert.

Before an expert is allowed to testify in a Florida criminal (or civil) trial, the court must determine that they have the appropriate credentials and experience to provide value to the court, and that their analysis and proposed testimony meet certain other requirements regarding data and accepted practices.

When you hire an experienced criminal defense attorney in Jacksonville, FL, your lawyer can assess the case to determine whether one or more expert witnesses could be beneficial. If your defense attorney believes that you need an expert witness for your case, the attorney will be able to explain to you the potential benefits of using such a witness. Likewise, the attorney will also assist you in identifying and hiring the expert they believe will be most useful.

Common Types of Experts in Criminal Cases

Now as mentioned before, it is not uncommon for an expert witness to be utilized in criminal cases. In some trials, both the prosecution and the defense may rely on the testimony of a single expert. In other trials, each side might employ their own expert witnesses. Some of the most common types of experts involved in Jacksonville criminal cases include:

DNA Experts

Across the past few decades, DNA evidence has become increasingly important, particularly in high-stakes matters like sexual battery and murder cases. As DNA analysis has improved, DNA testing of blood, semen, saliva, and skin cells has become common in criminal cases. However, what information DNA can provide and the results of a specific DNA test can sometimes be hard to fully understand. Thus it is not unusual to see experts in the field of DNA analysis appear in certain criminal cases.

Additionally, while DNA evidence may be used at trial and has played an important role in the exoneration of many people wrongfully convicted of violent crimes, DNA experts also play an important role much earlier in the process. DNA testing is commonly used during the investigative or pre-trial phase, and may determine whether charges are filed or a case moves forward.

An experienced criminal defense attorney in Jacksonville, FL can explain the role of DNA in criminal cases in more detail and determine whether an expert might be helpful in your case.

Medical Experts

One type of medical expert commonly involved in criminal cases is a medical examiner. The medical examiner provides the prosecution with an expert opinion regarding manner of death and cause of death. As such, the opinions of a medical examiner may well impact whether the prosecutor files charges. For example, whether the medical examiner determines that a person died by suicide or homicide will typically drive the prosecution’s next steps. The defense may dispute the alleged cause of death with their own expert or experts.

Mental Health Experts

Mental health experts such as psychologists and psychiatrists may play many roles in a criminal case. For example, your Jacksonville criminal attorney may petition the court for a psychiatric evaluation to determine whether a defendant is competent or mentally sound to stand trial. A forensic psychologist or psychiatrist may also provide expert testimony in support of an “insanity defense” — a defense claiming that mental illness or infirmity left the defendant unable to understand the consequences of their actions.

In addition, mental health experts may provide insights and testimony to help fight the removal of a juvenile to adult criminal court, or to support the contention that a confession was or was not voluntary.

Chemical Testing and Field Sobriety Test Experts

DUI cases are among the most common cases criminal lawyers in Jacksonville, FL see. While many DUI cases are resolved by plea agreements, there are many ways an expert witness may play a role in fighting DUI charges. For example:

• An expert witness might testify to the reliability and condition of a breathalyzer testing machine
• An expert witness might be used to explain differences in chemical test results, such as when there were both breathalyzer and blood tests conducted
• An expert witness might be used to explain why a BAC reading might be inaccurate due to factors like the passage of time or certain medical conditions
• An expert witness might be used to point out flaws in an officer’s field sobriety testing process

Your defense attorney will be in the best position to determine whether or not an expert witness might be useful in your case.

Other Uses for Expert Witnesses in Jacksonville Criminal Cases

Of course, these are just a few of the reasons your criminal defense attorney might hire an expert witness. Sometimes, defense attorneys hire experts to help them understand technical issues in a case, even if they may not call the witness to testify at trial. There are also many other types of expert witnesses who may play a role in a Florida criminal case. Some other common examples include:

• Financial experts, such as forensic accountants, may play a role in tracing money in cases involving white-collar crimes like fraud and embezzlement.
• Fingerprint experts, to help identify or dispute the identification of a suspect in the case
• Ballistics experts, who provide professional opinions about issues such as whether a bullet was fired from a particular gun.
• Toxicology experts, who may testify to everything from whether a victim was under the influence of a controlled substance and how those substances might have impacted them.

As you can see, there are many possible ways your criminal defense attorney might choose to use an expert witness in your defense, or might be called upon to refute the testimony of a prosecution expert.

Contact a Criminal Attorney in Jacksonville, FL

Finding the right expert witness for a criminal case, sharing information, waiting for a report, and preparing the witness for trial can be time-consuming. That’s just one reason it’s generally in your best interest to consult a Jacksonville criminal attorney as soon as possible after you’ve been charged or arrested, or even become aware that you are under investigation.

Attorney Matthew Lufrano has been fighting for people charged with crimes in Florida for well over 16 years. His entire legal career has been devoted to criminal defense, ranging from minor misdemeanors to murder cases. To learn more about how Lufrano Legal can help you, call (904) 513-3905 right now.