Attorney Elaine E Lukic

Freedom

A Former Prosecutor — Who Knows How To Win

With 20 years of experience in the criminal justice system, I know how to get positive results for clients who have been charged with a criminal offense. With insider knowledge and a drive to win, I am the attorney defendants turn to when dismissal — and freedom — is their goal.

High Rate Of Dismissals And Acquittals

Recognized by the Equal Justice Foundation for my “high rate of
acquittals and dismissals” in domestic violence cases.

Former Domestic Violence/Sex Assault Prosecutor

With a background in criminal prosecution, I have the know-how and insight
to stand-up for your constitutional rights.

Domestic Violence Defense

Falsely accused? Misunderstood? Targeted by a spiteful significant other?
I can help.

Sexual Assault Defense

I don’t judge. I provide mitigating evidence to the
court to paint a complete, accurate picture.

10 Best 2016 for Client Satisfaction: American Institute of DUI/DWI Attorneys
Top 25 Criminal Trial Lawyers
NACDA Top Ten Ranking 2016
Florida Association of Criminal Defense Lawyers | FACDL
10 Best 2016 in Client Satisfaction | American Institute of Criminal Law Attorneys
Palm Beach Association of Criminal Defense Lawyers | PBACDL
Avvo Rating 10.0: Superb | Top Attorney in Criminal Defense
Lead Counsel Rated
Avvo Client's Choice 2015: Criminal Defense
Top 100 Trail Lawyers | The National Trial Lawyers
Avvo Rating: Superb | Top Attorney in Criminal Defense
Top 25 National Women Trial Lawyers
Lawyers of Distinction 2016 - five out of five stars
Rated by Super Lawyers: Elaine E Lukic | SuperLawyers.com
Lead Counsel Verified
10 Best 2016 for Client Satisfaction: American Institute of DUI/DWI Attorneys
NACDA Top Ten Ranking 2016
10 Best 2016 in Client Satisfaction | American Institute of Criminal Law Attorneys
Avvo Rating 10.0: Superb | Top Attorney in Criminal Defense
Avvo Client's Choice 2015 for Criminal Defense
Top 25 Criminal Trial Lawyers
Avvo Rating: Superb | Top Attorney in Criminal Defense
Florida Association of Criminal Defense Lawyers | FACDL
Palm Beach Association of Criminal Defense Lawyers | PBACDL
Lead Counsel Verified
Top 100 Trial Lawyers | The National Trial Lawyers
Top 25 National Women Trial Lawyers
Lawyers of Distinction 2018 | five out of five stars
Rated by Super Lawyers: Elaine E Lukic | SuperLawyers.com
Lead Counsel Verified
"The Highest Rate Of Acquittals and Dismissals"
— Equal Justice Foundation
"The Highest Rate Of Acquittals and Dismissals"
— Equal Justice Foundation

How do you argue mistaken identity in a criminal case?

Being accused of a crime is, by all means, an unsettling experience. The situation becomes even more harrowing if you had nothing to do with the crime in question. If you are accused and charged with a crime you did not commit, you need to fight for justice.

One of the main defense options you can consider when facing a false criminal charge is mistaken identification. However, to effectively use this as a defense in your criminal case, it helps to know what mistaken identity entails as well as what you can expect during your trial.

Mistaken identity as a legal defense

Mistaken identity can be claimed to prove that the witness either intentionally or unintentionally misidentified you either through a lineup or photo array as the perpetrator of the crime in question. While arguing mistaken identity, your defense will demonstrate that either the witness was unreliable or the identification process itself had some faults.

Generally, mistaken identity is more likely to occur under the following circumstances:

  • When the witness is under some form of pressure or threat
  • When the witness has memory limitation due to illness, age or a significant amount of time has passed since they witnessed the crime
  • When the witness and the suspect belong to different races
  • When the witness had their viewpoint obstructed or distorted

So how do you prove mistaken identity?

To defend yourself and get out of trouble, you must demonstrate that the witness indeed wrongfully identified you as the offender. Two of the most effective strategies you can use to successfully argue mistaken identity are an alibi and a DNA test.

If you are misidentified as a perpetrator of a crime, it is in your best interest that you explore your defense options as soon as possible.

 

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