Criminal defense lawyer san diego
by Marc Kohnen | Aug 4, 2025 | Criminal Defense Attorney

Top Steps to Build Reasonable Doubt in Your Trial

In the U.S. justice system, a person is presumed innocent until proven guilty. That principle forms the foundation of every criminal trial. The prosecution must prove a defendant’s guilt beyond a reasonable doubt — not just a hunch, not a possibility, but a near certainty. A seasoned San Diego criminal defense attorney understands how to strategically raise that doubt throughout the trial process.

At MSK Law, we don’t just defend our clients — we actively dismantle the case against them. If you or someone you love is facing criminal charges, understanding how reasonable doubt works can be the key to a successful defense. Below, we explain the top strategies to establish reasonable doubt in a trial — and how a skilled criminal defense lawyer San Diego can use them to protect your rights.


1. Challenge the Credibility of Witnesses

Witness testimony can be powerful, but it’s also fallible. People forget, lie, or misremember. That’s why cross-examining witnesses effectively is one of the most vital tools in our defense arsenal.

Our legal team carefully analyzes every witness the prosecution calls. We:

  • Compare prior statements with trial testimony
  • Explore the witness’s relationship to the case
  • Question their ability to observe accurately (e.g., distance, lighting, stress)

Example: A witness says they saw the defendant at night from 40 feet away — but admits under cross-examination they weren’t wearing their glasses. That creates doubt.


2. Expose Weaknesses in the Evidence

Physical or forensic evidence isn’t always as conclusive as it seems. An experienced defense team will:

  • Investigate how the evidence was collected
  • Look for breaks in the chain of custody
  • Challenge how tests were conducted

At MSK Law, we file motions to suppress evidence that was illegally obtained or poorly handled. If the evidence is thrown out, the case may collapse — a common theme in many reasonable doubt examples.


3. Present Alternative Theories

Jurors don’t need to be 100% convinced of an alternate scenario — they just need to think it’s plausible. We introduce alternative explanations that raise questions:

  • Could another person have committed the crime?
  • Does the evidence fit more than one interpretation?
  • Is there a reasonable explanation for the defendant’s behavior?

These alternative theories are especially powerful when the prosecution’s case is built on circumstantial evidence. Our experience as a San Diego criminal defense attorney helps us shape stories that create hesitation in jurors’ minds.


4. Use Expert Witnesses

Expert testimony adds credibility and clarity. At MSK Law, we frequently call on professionals in:

  • Forensics
  • Digital evidence
  • Mental health
  • Ballistics
  • Toxicology

These experts can debunk faulty science, reinterpret findings, or reveal sloppy investigative work that casts doubt on guilt. In many DUI-related cases, a San Diego DUI attorney might also call on toxicologists to question the reliability of breathalyzer results or blood tests.


5. Highlight Police Misconduct or Investigative Gaps

Law enforcement errors can make or break a case. Our firm investigates whether:

  • Arrests were based on faulty assumptions
  • Confessions were coerced or improperly recorded
  • Officers skipped key steps in evidence collection

If police violated your rights or failed to do their job, it suggests the investigation itself is unreliable.


6. Showcase the Defendant’s Side — Carefully

While not always advisable, in some cases, the defendant’s own words can create reasonable doubt. When we choose this strategy, it’s thoroughly planned. We may:

  • Provide alibis
  • Offer context for misunderstood actions
  • Humanize the accused and show they are not the kind of person to commit such a crime

Jurors respond to stories. If your story is compelling and consistent, it can sway the verdict — especially when reinforced by reasonable doubt examples from real cases.


7. Reinforce the Burden of Proof

Throughout the trial, we remind the jury: the burden of proof never shifts. The defense has no obligation to prove innocence — only to challenge the prosecution’s case.

A jury unsure of guilt must vote “Not Guilty.” That’s not a loophole — it’s justice.


Why Reasonable Doubt Matters?

Innocent people are accused of crimes every day. Reasonable doubt protects them. It ensures that only those proven guilty face conviction — not those who seem guilty, or who were simply in the wrong place at the wrong time.

At MSK Law, we take this burden seriously. We’ve defended countless clients in high-stakes criminal trials and successfully argued for acquittal based on reasonable doubt.


Final Thoughts: Don’t Leave Doubt to Chance

Building reasonable doubt requires experience, legal insight, and a relentless commitment to truth. It’s not just a strategy — it’s a constitutional safeguard.

At MSK Law, we don’t just know the law — we know how to challenge it in your defense. Whether you’re facing a misdemeanor or a serious felony, you deserve an advocate who will fight to protect your future.

Contact MSK Law today for a confidential, no-obligation consultation. The sooner you reach out, the sooner we can start building your defense.


Frequently Asked Questions

Q1. What is reasonable doubt?

A: Reasonable doubt is the highest standard of proof. If there’s any real possibility — based on the evidence — that the defendant didn’t commit the crime, the jury must return a verdict of not guilty.


Q2. Can my defense create reasonable doubt without witnesses?

A: Yes. Even without witnesses, your lawyer can cross-examine the prosecution’s witnesses, challenge evidence, and highlight legal errors to raise doubt.


Q3. What if the prosecution’s evidence is mostly circumstantial?

A: Circumstantial evidence alone often lacks the certainty needed for conviction. We work to expose the gaps and offer alternative explanations that make jurors hesitate.


Q4. What are some real examples of building reasonable doubt?

A: In one MSK Law case, a client faced assault charges based on a shaky eyewitness ID. We proved the witness couldn’t see clearly from their angle and had a personal bias. The jury returned a not guilty verdict.


Q5. What should I do if I’m facing charges right now?

A: Contact a qualified criminal defense attorney immediately. The earlier we can start investigating, preserving evidence, and building your case, the better your chances of success.