Can a Forensic Handwriting Expert Testify in a Criminal Trial?

Yes. A qualified forensic handwriting expert can take the stand in criminal court as an expert witness and give an opinion on whether a document or signature is genuine.

I’ve done it myself. There was a double-murder homicide in Los Angeles, and the DA called me and said, “Listen, we’ve got a trial coming, and our handwriting expert just passed away. So you’re up, sir.”

A Criminal Case That Stands Out

I went down to the jailhouse and took exemplars from him — a cordial young fellow with tattoos. He was clearly in a gang, and he had the most beautiful penmanship, because gang writing is its own thing. Almost an art form.

His handwriting turned up in notes passed back and forth in the cells — what they call a “CITE” — which implicated him. The other piece was fascinating: someone had written on a tarp covering the two bodies, and part of the task was whether you could tell who painted it.

This was maybe 20 years ago in Los Angeles. I ended up testifying about the prison letters, which was fairly straightforward because his handwriting was so distinctive. That helped the DA tie him to the scene. I didn’t testify to the tarp, though I believe there was evidence pointing there too. Spray paint and handwriting are difficult things to compare.

You’ve all seen this kind of thing. In the OJ Simpson trial, there were expert witnesses everywhere — blood spatter, crime scene analysis, the glove, handwriting. Forensics across the board.

What It Takes to Testify in a Criminal Trial

So yes, absolutely — you can testify in a criminal trial. Now, the opposing side will do its best to get you excluded. That’s why you hire someone with 50, 60, even 100 cases behind them. There’s precedent: other judges in that same court system have already found them credible.

That’s the key. If other judges found you credible, the judge in front of you usually won’t buck the system — not unless you’ve got felonies, or you’re caught lying under oath or hiding evidence. Something genuinely nefarious, which I’ve never done. I’m about 100 percent when I take the stand. The judge has always found me credible. Most experts can’t say that.

I think that’s why people hire the examiners I work with at Handwriting Experts Incorporated. We have a strong track record of testifying and of winning. We can never guarantee an outcome — the best I can do is testify to the evidence in a way that lets the judge and jury understand the story it tells. And that story, hopefully, is the truth.

When the Evidence Tells a Different Story

In about half our cases, we make the hard call: “The evidence you’ve handed me is telling a different story.” I’m probably not going to be a great witness for you, because I think someone else wrote it.

Attorneys handle that well. It’s the individual clients who struggle, because they’ve got a story — they’re the ones facing jail, or losing the house, or carrying a long narrative about a sibling. Attorneys stay level-headed. They just want the truth, then they fight from there, because one document isn’t always the pivotal piece of a case.

In a last will and testament, though, it usually is. I was in a trial in Chatsworth last week where the key evidence was a set of contracts claiming one person owed another a million dollars. Those contracts were 100 percent fabricated — cut and pasted.

There were emails and texts — one guy telling another, “Change this in the contract.” He’d pasted a 2021 date, but the messages, even a text shown right there in court, made it obvious the agreements were manufactured in 2023, dropped into the court file, and then defended on the stand with relatives backing up the story. “Oh yeah, that contract. We planted the evidence.” Are you insane?

Luckily that judge was a sharp read of character. In his ruling he said my client’s side — the attorney, Mitch — won the case, the damages, the fees. He also said, “I found Mr. Baggett’s testimony very compelling.”

The opposing attorney was talented and condescending, throwing everything he had at making me look like I didn’t know my subject. But I’ve been using Microsoft Word and Photoshop for 25 years. We pulled the document’s properties — when it was published, when it was created, who created it. All of that goes into establishing a document. It’s not just handwriting. In fact, the handwriting was only a piece of it, because the thing was manufactured and there was never a wet signature.

That was a fun case. So yes — you can testify in a criminal trial.

Handwriting Experts Inc. — Dallas–Fort Worth
539 W. Commerce St #1396, Dallas, TX 75208-1953
Call or text: 214-614-8122

Have a questioned signature or document? Tell us what you have, and we’ll help you see what the evidence actually shows.

Frequently Asked Questions

Can a forensic handwriting expert testify in a criminal trial?

Yes. A qualified forensic handwriting expert can take the stand in criminal court as an expert witness and give an opinion on whether a document or signature is genuine — as in a Los Angeles double-murder case where prison letters helped tie the suspect to the scene.

How does an expert avoid being excluded from a criminal trial?

Track record. Hire someone with 50, 60, even 100 cases behind them — judges in the same court system have already found them credible, and the judge in front of you usually won’t buck that precedent absent felonies or dishonesty.

Does the expert always support the client’s story?

No. In about half of cases the evidence tells a different story, and an honest examiner says so. Attorneys handle that well — they want the truth and fight from there, because one document is not always the pivotal piece.

Is handwriting the only evidence examined in document fraud?

No. In one fabricated-contract trial, document properties — when the file was created, published, and by whom — plus emails and texts proved agreements dated 2021 were manufactured in 2023. The handwriting was only one piece.