A defense attorney may request that the Court order the District Attorney and the police department to conduct a physical lineup in which the defendant will be exhibited to the complaining witness. Such a request is called an Evans Motion. The motion is made on the grounds that evidence of eyewitness identification is a material issue in the case and there exists a reasonable likelihood of mistaken identification which a lineup would tend to resolve. In Evans v Superior Court the California Supreme Court held that "due process requires in an appropriate case that the accused upon timely request be afforded a pretrial lineup in which witnesses to the alleged criminal conduct can particpate." Defense counsel is entitled to be present at the lineup.
If you are arrested or charged with a felony, contact Christine McGuire, the
Santa Cruz Criminal Defense Attorney and Santa Clara County Criminal Defense Attorney.