Oct 03, 2016 When criminal defendants wear the same clothes to court as from their arrest date
In many criminal cases, identification is a key defense, including for police stops of people identified on 911 calls, and for such cases as assault, passing bad checks, and theft.
A criminal defendant helps assure being identified from the witness stand by a so-called eyewitness when the defendant comes to court wearing the same clothing, unique hairstyle and unique facial hair that the defendant wore on the incident date. The same goes for wearing the same jewelry, hair accessories and handbag from the incident date.
When my client does not come to court with the same clothing, hairstyle and accoutrements as from the incident date, I can point out the vagueness in the 911 callers’ and eyewitnesses’ description in the same. I do not need the adverse court witnesses to point at my client’s clothing and hairstyle to say “That is exactly what I reported on the incident date.”
The foregoing concerns are not going to be obvious with all my clients. I need to address these concerns with each of them.