August 16, 2015
An Expert Witness & Your Case: What They Are & How They Help
From handwriting experts to laboratory technicians, an expert witness can help make or break a case. At Daniel C. Miller, LLC, we are experienced in working with expert witnesses to help defend you in your criminal case. You may be wondering, however, what makes a witness and expert and what they can do for you.
What is an Expert Witness?
According to Cornell University Law School’s Legal Information Institute, “Normally, courts prohibit witnesses from testifying based on their own opinions or analysis…. Courts relax these rules for expert witnesses testifying about matters within their field of expertise.” These experts did not witness anything related to your criminal case and are there to offer their professional opinion as to what occurred.
What Makes Someone an Expert Witness?
In order for a witness to be considered an expert, they are legally required to have specialized education or training or practical experience in the field for which they are considered an expert. It is also essential, just as it is with any witness, that they testify based on facts. These facts should offer causation or correlation to the evidence when the expert witness draws their conclusion.
How Can an Expert Witness Benefit Your Case?
An expert witness can have a profound impact on your case, both pretrial and in the courtroom.
In preparation for your upcoming trial, an expert witness can help both you and your attorney research relevant information in your case, as well as help you determine what is most pertinent and will have the greatest impact on your jury.
During the trial, the expert witness can either be an educating or reporting witness. The former is an accredited witness that reports that the theory and the instruments used to test it are sound, while the latter is typically the person who conducted the test, such as a laboratory technician, that explains both the procedure and the results.
What makes an expert witness exceptionally impactful is that they are simply reporting on what they do every single day for their job.
Contact Us for Questions
For more information about using an expert witness in your upcoming trial, or for a defense attorney you can trust to work in your best interest, call Daniel C. Miller, LLC today at (816) 875-0470 in Missouri or (913) 624-9646 in Kansas.