Houston Criminal Law Blog

EXPERIENCED. AGGRESSIVE. HOUSTON CRIMINAL DEFENSE LAW FIRM: The Law Office of Matthew D. Sharp

Man Arrested for Kidnapping and Assault After Being Identified in a Photo Lineup

http://www.chron.com/news/houston-texas/article/Man-arrested-in-kidnapping-assault-case-2150003.php

Marcus Wayne Smith, a 35 black man, has been arrested after being identified in a photo lineup by a victim of a heinous crime.  Smith is currently being held on $100,000.00 bond while awaiting his court date. He is presumed innocent until proven guilty beyond a reasonable doubt.

The victim, a 26-year old woman, was abducted late one night and was shot in the back as she was trying to flee a man that she says kidnapped, robbed and sexually assaulted her repeatedly over the course of the night.  Though her assailant was masked throughout the night she managed to remove his mask as she struggled to get away. After she contacted the authorities she was shown a photo lineup, which is an array of photos of people that the authorities have in their database. At that time the victim identified Smith as her assailant.

Photo identification is an important tool for law enforcement, but it is not 100% accurate, and it is important to question whether the lineup was done with all constitutional and legal safeguards in place. It is necessary for a defendant to hold law enforcement up the to their burden to thoroughly investigate a crime in order to safeguard our legal rights. Since the potential for misidentification is very high it is especially important to challenge identifications based upon a photo array.

Challenges to the identification of a suspect by a victim, such as a photo lineup or an in-person lineup, are necessary to protect the rights of all that may be accused of a crime. We do not have a perfect system that guarantees that innocent people will not be charged and arrested and convicted of a crime, or that all criminals will be caught and punished. Therefore it is extremely important for any defendant to utilize the procedural safeguards afforded to him by the law. By a defendant asserting his rights in the face of prosecution he upholds the legal guarantees and rights of all people.

If you or a loved one has lost their freedom due to being charged with a crime then you need a competent and experienced attorney to help challenge the State’s charges and preserve your legal rights. Call or contact the law office of The Law Office of Matthew D. Sharp for a free consultation if you are charged with a crime.

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