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Santa Cruz Criminal Defense Blog 2014 March Defense Lineups
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Defense Lineups

Posted By McGuire & McGuire || 23-Mar-2014

A defense attorney may request a llineup. The Court will order a lineup if the defense establishes good cause. The defense must show that the motion is timely. In other words, the motion must be brought soon after the arrest or the arraignment; that the eyewitness identification is a material issue in the case and that there is a reasonable likelihood of a mistaken identificaiton which a lineup would likely resolve. It should be noted that a defendant is not entitled to a lineup as a matter of right. The need for a lineup is balanced by the Court aganst the burden on the prosecution, the police, the court and the witnesses. The decision to seek a lineup must be made early in the case before all the facts are known and discvoery completed and generally before the preliminary hearing. A good defense attorney weighs the dangers against the benefits including the factual and legal guilt of the client, the strength of the Government's case, the possibility law enforcement will hold a lineup and differences in the client appearance from the descriptions provided. An Evans Defense Lineup is conducted pursuant to the Court's order.

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The McGuire Law Office
The McGuire Law Office
San Jose Criminal Defense Lawyer

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