Use of Handwriting Experts In California Criminal Cases
Over the last twenty-five years, I've had a lot of cases involving hand-writing expert testimony. In one case I had, the client was accused of forging an attorney's signature at the bank to cash a check, which was very significant evidence.
I filed a motion to block the expert from stating that my client signed the check because if my client had, that would be significant evidence that he committed the crime in the case. They only had a little other good evidence.
We had what's called a Daubert hearing. That is to determine whether the judge will let the expert testify and give the opinion that the handwriting in the case is the particular defendant.
The Judge ruled in my favor in that case and said no, that person put the handwriting on that check.
But what judges typically will do – even if they make that ruling – and what they did in the case that I was handling – is they allow the expert to testify to similarities in certain things and say, okay, that R looks like the R – and they could testify to all the things they think are in common with the handwriting of a particular individual or defendant in a criminal case. That's good evidence.
The defense can bring on their handwriting expert to try to dispute that. Still, the key thing is you have to try to block these handwriting cases relating to criminals, and they should be able to give their opinion on the ultimate issue.
They will be able to give an opinion as to whether somebody is guilty or innocent. We don't want that because it would be strong evidence that would help convict somebody in one of these handwriting cases.
Consulting with an Experienced Criminal Attorney
So, if handwriting is a big issue in your criminal case, you want to get in front of an attorney who has handled cases where handwriting was a crucial piece of evidence.
That case I handled was a federal case, and again, the judge dismissed it because there was a problem with the handwriting. The handwriting expert and also the lead detective in the case did some things that were not appropriate, and they did them in front of a jury.
So, you want to attack these handwriting cases if you're going to say you're not guilty versus working out some resolution with the government related to a criminal case. You have to get your handwriting expert to evaluate everything.
You have to get all the notes and details of their handwriting expert, and then you sit down with your attorney. You look at the information from your handwriting expert; you look at theirs. You use your common sense and make a decision – okay, is this a case worth fighting?
Do we have a chance to win? How strong is this handwriting? If they get this handwriting, do they win the case, or is there still an argument we have left to say the person is not guilty of the charges?
So, these are all things that need to be discussed with an attorney who has been doing it a long time, knows how to handle handwriting-related cases, and can also help you make an informed decision about whether you need to do some handwriting investigation, use a handwriting expert, or whether that's just a waste of time and money related to the offense in your case because maybe they have other evidence in the case that can prove the crime, regardless of whether they have the handwriting or not, they could still prove the case.
If that's the situation, you're wasting time and money on a handwriting expert.
If, on the other hand, their case falls apart without the handwriting expert, you're indicating that you're innocent of the crime and do not want to plead guilty. You don't want to go to jail and suffer all the consequences of a criminal conviction.
You'll want to get a handwriting expert, sit down, and strategize with your attorney about whether this handwriting evidence is strong or weak and whether you can win the case in front of a jury if the case goes to trial and that takes investigation.
That takes an expert report from your handwriting expert, and then you have to sit down with your attorney and make that final decision.
