Being accused of a crime can feel even more stressful when someone’s account of what happened keeps changing. You may wonder whether the prosecution can still use that person’s testimony against you or whether the change could affect the outcome of your case.
Here is what you need to know about how courts handle conflicting statements.
A witness’s earlier statements may still matter
A witness changing their story does not automatically end your case. Rule 613 of the Texas Rules of Evidence allows attorneys to question witnesses about earlier statements that conflict with their current testimony. For example, if a witness first told police they saw you leave a store at 8 p.m. but later says it happened at 9 p.m., your attorney may use that difference to challenge the witness’s reliability.
The reason for the change can affect the case
A changed account may raise questions about how well the witness remembers events or whether something influenced their testimony. The witness might have recalled a detail incorrectly, misunderstood a question or given an inaccurate account earlier.
However, an inconsistency alone does not prove the witness lied. The court or jury will consider the circumstances when deciding how much weight to give the testimony.
Other evidence can still support the charges
Even if a witness’s account becomes less reliable, the prosecution may have other evidence to support the accusation. Video footage, physical evidence or statements from other witnesses could still connect you to the alleged offense. The impact of the change depends on how central that witness’s account is to the case and whether other evidence supports the same claims.
Protect your case when testimony changes
If you learn that a witness has changed their account, share what you know with your attorney and preserve any relevant messages or records. Do not contact or pressure the witness to change their testimony, as that could create additional legal problems. An attorney can compare the different accounts, assess whether the court can consider earlier statements and determine how to use any inconsistencies in your defense.