If you’re facing criminal charges in Galveston County, you’ll want to exhaust every avenue available to secure a positive outcome.
At Tad Nelson & Associates, we know that a fantastic defense strategy can hinge on the strategic use of expert witnesses. In felony criminal trials in Texas, expert witnesses can offer valuable insights that could sway the jury’s perception. In some cases, they can even challenge the District Attorney’s evidence against you.
If you need to talk with a criminal defense lawyer in Galveston about your situation, contact The Law Office of Tad Nelson & Associates today. Our law office can be reached 24/7 at 409-765-5614, or you can send us a message form.
What’s an Expert Witness?
Expert witnesses are professionals with specialized knowledge, skills, or experience in a particular field relevant to your case. The testimony of “expert witnesses” can simplify complex issues, present alternative viewpoints, and counter the prosecution’s evidence.
In matters relating to criminal justice, an expert witness could be a forensic scientist, medical professional, psychologist, or technical expert.
Both attorneys, Tad Nelson & Amber Spurlock, are ACS/CHAL Lawyer Scientists. Although we’re criminal defense lawyers, we’re often called upon to serve as expert witnesses in cases where human biochemistry is a subject of interest.
Forensic Scientists
A Hard Look at the Evidence
Forensic scientists can be a key part of defense strategy for criminal cases involving physical evidence.
Whether we’re talking DNA, fingerprints, or ballistics, expert witnesses working with Tad Nelson & Associates will provide us with a precise review of the evidence.
Our findings might help us zero in on errors in the prosecution’s forensic analysis. It might even help us find alternative explanations for the evidence presented.
For instance, in a case involving allegations of aggravated assault or murder, we might examine bloodstain patterns to determine the sequence of events. If the prosecution’s theory doesn’t align with the forensic evidence, such a discrepancy can raise reasonable doubt.
LEARN MORE: What to Expect In Texas Criminal Trial
Medical Professionals
Health Insights Might Matter
Medical experts can offer valuable testimony in cases where health conditions or injuries are a focal point. They often assist the defense on criminal cases related to violent assaults, sexual offenses, DWI cases, and other situations where medical conditions are relevant.
A seasoned medical professional can interpret medical records & injuries from a different perspective than law enforcement. They have the credentials to assess injury causation and provide expert opinions on the credibility of claims made by prosecutors.
In sex crime cases, a forensic nurse examiner might evaluate the physical evidence to determine whether the injuries are consistent with the alleged assault. More often than not, this is a big part of getting sexual offense charges dismissed.
Psychologists and Psychiatrists
Exploring the Mind
Psychology experts assist in cases where mental health issues are relevant. This includes cases involving insanity pleas, assessments of competency to stand trial, or evaluations of a defendant’s state of mind at the time of the alleged offense.
A psychologist might be brought in to evaluate a defendant’s mental state during an alleged crime. They’ll provide a detailed analysis of whether the defendant understood the nature and consequences of their actions. These types of expert witnesses can be instrumental in cases where mental health is relevant to the case.
Technical Experts
Criminal Defense Strategies for a Digital World
In today’s technologically advanced world, technical experts are increasingly important in some criminal cases. These experts might include computer scientists, digital forensics specialists, or engineers. They can analyze electronic evidence, such as emails, text messages, or digital footprints.
For example, in a case involving allegations of cybercrime, a digital forensics expert could examine the defendant’s computer systems to determine their involvement in the alleged activities. Their analysis can uncover exculpatory evidence in addition to flaws in the prosecution’s digital evidence.
In most circumstances, private investigators can fill this role.
Challenging the State’s Experts
In many criminal cases, the state will use expert witnesses to strengthen their case. As defense attorneys, it’s our job to scrutinize their credentials, methodologies, and conclusions. We might call our own experts to challenge theirs to provide alternative analyses. By using our own experts, we’ll be in a position to uncover or highlight errors and inconsistencies.
For example, if the prosecution presents a DNA expert, we might bring in our own forensic scientist to review the DNA evidence. Then, we can re-examine the testing procedures to identify potential flaws in their analysis. We might also find certain biases that can be challenged.
Legal Standards
The Admissibility of Expert Witness Testimony
The admissibility of expert testimony is governed by legal standards designed to ensure the reliability of the evidence presented. In Texas, courts follow the Daubert Standard. The Daubert Standard assesses the scientific validity and applicability of the expert’s methodology. This ensures that only reliable & relevant expert testimony is presented to the jury.
Under the Daubert Standard, an expert’s testimony must be based on scientifically valid reasoning. It must use a methodology that can be tested, has been peer-reviewed, has a known error rate, and is generally accepted within the relevant scientific community.
As experienced criminal defense attorneys, the experts we present meet these stringent criteria, improving the credibility & quality of our defense.
Constitutional Benefits to Defendants
A6: The Right to a Fair Trial
The Sixth Amendment to the Constitution of the United States guarantees the right to a fair trial. This includes the right to present a complete defense. It also means you have the right to deploy expert witnesses in your defense.
By leveraging expert testimony, we can ensure that our clients receive a fair and just trial. This means that the courts must consider all relevant evidence and perspectives.
Real-World Applications
Expert Witnesses & Tad Nelson & Associates
Real-world examples of expert witnesses in action illustrate their impact on criminal cases. Consider the case of a defendant charged with arson.
The state’s fire investigator claimed the fire was intentionally set. However, our expert, a seasoned fire scientist, demonstrated that the fire’s origin was likely accidental. It was determined that the blaze was caused by faulty wiring. With the assistance of this expert testimony, we secured an acquittal for our client.
In another case, one of our clients was arrested for driving under the influence (DUI). The state testified that the defendant’s blood alcohol concentration (BAC) was above the legal limit.
As gas chromatography experts ourselves, we pointed out procedural errors in the BAC testing and presented alternative explanations for the elevated levels. This testimony cast doubt on the prosecution’s case, resulting in a not-guilty verdict.
Need Legal Representation in Galveston County?
Contact Tad Nelson & Associates’ Criminal Defense Lawyers
If you’re facing criminal charges and need an experienced, dedicated defense team, we’re here to help. With our extensive knowledge of Texas law and our strategic use of expert witnesses, we’re in a position to build a solid defense strategy tailored to your unique situation.
Schedule Your Free Case Evaluation Today!
Contact us today at 409-765-5614 to get started. We provide 100% free case evaluations and flexible, affordable payment options for attorney’s fees.
