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What is Testimonial Evidence?
Evidence in Legal Proceedings: Understanding Testimonial Evidence
Introduction
Evidence is one of the basic foundations of any criminal or civil proceeding. The rules of evidence govern what is admissible in a court of law. In any judicial hearing, a ruling against or in favor of the accused depends on the strength of evidence presented in the course of the trial. The common types of evidence are real, documentary, demonstrative, and testimonial. The following web page seeks to cover different elements of testimonial evidence including what it is, admissibility rules, and who qualifies to offer such evidence.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
According to the National Forensic Science Technology Center, testimonial evidence enables investigators to recreate a crime scene or develop a series of events as they occurred. Testimonial evidence is considered to be more subjective than physical evidence because it relies on the witness’s memory or understanding which can be incomplete or inaccurate. Testimonial evidence does not need any kind of evidence to make it admissible. It simply implies what is confessed in a court proceeding by a viable witness.
Testimonial evidence may be used for proving or disproving different things. It can be used by both the prosecution and the defense. For example, the prosecution may summon a police officer to confirm the identity of the defendant as the person who was at the scene of a crime and the events that transpired. The defense may also use it to summon the defendant to offer testimony of what they did or did not do.
Testimonial evidence also applies when the prosecution or defense summons a professional witness. These are witnesses who are equipped with special expertise in a particular discipline relevant to the case. For example, handwriting specialists can confirm handwriting while a psychiatrist can confirm a person’s mental state.
Testimonial evidence can be presented in form of a live witness, who is placed under oath, and subject to direct examination. Live witnesses are questioned by the party that called them to the stand and cross-examined by the opposing party.
Admissibility Rules of Testimonial Evidence
The main rules of the admissibility of testimonial evidence are materiality, relevance, and competence. If any evidence, whether testimonial or physical, is material, relevant, and competent.
Evidence is considered material if presented to prove a fact which is an issue in the court case. For example, if the pertinent issue is a breach of contract, a witness whose evidence proves it was raining when both parties signed the contract is relevant but immaterial. However, a witness’s testimony would be material if it proves that the defendant did not perform some of his obligations under the contract.
Evidence is considered relevant if it tends to increase or decrease the probability of what it is introduced to disprove or prove. Therefore, for evidence to be regarded as relevant, it should not necessarily make certain the fact for which it is introduced. It should only increase the likelihood of a particular fact for which it is used. For example, if evidence seeks to prove that the accused bit the plaintiff’s nose during a fight, while an eye witness’s testimony would be deemed relevant, so would the testimony of someone who heard the parties exchange obscenities before fighting.
Evidence is considered to be competent if what is being presented meets some basic conditions of reliability. The showing that such evidence satisfies those tests or any conditions of admissibility is known as foundational evidence. When the conflicting side objects that the response to a thing, document, or question is without sufficient foundation, they are actually saying that the evidence is not competent.
Who is A Competent Witness
A competent witness has to satisfy four requirements:
They must be under oath or any similar substitute
They must be knowledgeable about what they are going to testify. This means they must have perceived something with their senses that applies to the case in question
They must have a recollection of what they perceived
They must be in a position to relate what they communicated
Testimonial evidence is one of the only forms of proof that does not need reinforcing evidence for it to be admissible in court. In many criminal or civil proceedings, testimonial evidence is almost guaranteed to feature at some point in the trial. Knowledge of the admissibility rules and competence of witnesses can be instrumental when you are called to testify as a witness in court proceeding.
