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Testimony Is Evidence in Texas Criminal Courts — Even Without Video or Photos

Posted by David Payma | May 07, 2025 | 0 Comments

Yes, Testimony Is Evidence in Texas Criminal Courts — Even Without Video or Photos

When most people think about evidence in a criminal trial, they imagine crime scene photos, security footage, or forensic evidence. While those things can certainly play an important role in a case, many people are surprised to learn that testimony alone can be enough to convict or acquit someone in Texas.

As criminal defense attorneys serving Dallas, Tarrant, and Collin Counties, we hear this misconception all the time:
"They don't have any real evidence against me — it's just someone saying something."

But here's the truth: testimony is real evidence under Texas law.


What Is Testimonial Evidence?

Testimonial evidence is what a person says under oath, whether it's in court, in a deposition, or in a sworn affidavit. That means if a witness testifies under oath that something happened, their statement counts as evidence—just like a photograph, a document, or a fingerprint.

In fact, eyewitness testimony alone can support a conviction in Texas, even if there is no physical evidence to back it up.


What the Texas Courts Say

Texas courts have been clear on this issue. The Texas Court of Criminal Appeals (the state's highest court for criminal cases) has repeatedly held that “the testimony of a single witness may be sufficient to support a conviction.” (See Garcia v. State, 563 S.W.2d 925 (Tex. Crim. App. 1978)).

There is no legal requirement that there must be corroborating physical evidence — like a video, photo, or text message — for the State to prove its case beyond a reasonable doubt.


Why This Matters for Your Defense

If you've been accused of a crime based solely on someone else's word, that can feel incredibly unfair. But it's important to understand that the law does not automatically favor physical evidence over testimony. The credibility of a witness can carry just as much weight with a jury as a piece of physical proof.

That's why cross-examination and trial strategy matter so much in these cases. A skilled defense attorney can:

  • Challenge the credibility of the witness

  • Point out inconsistencies or motives to lie

  • Introduce evidence that casts doubt on the accuser's version of events

Sometimes, simply showing the jury that there's reasonable doubt in one person's story is enough to win a case.


The Bottom Line

If you've been charged with a crime in Dallas, Tarrant, or Collin County, and the case seems to rest on someone else's word, don't assume that means the charges are weak. Testimony is legally recognized evidence in Texas courts, and prosecutors can — and often do — pursue convictions based on it alone.

At Texas Defenders, we know how to handle these cases. We'll fight to protect your rights, challenge unreliable testimony, and expose weak or unfair prosecutions.

Call us today at 214-306-9696 for a free consultation, and let's talk about your defense.

About the Author

David Payma
David Payma

David Payma heads the firm's criminal defense practice. He is a trusted and dedicated criminal defense attorney practicing in counties all throughout Texas. He has successfully handled hundreds of criminal cases and has years of experience helping clients protect their criminal record. His commitment to defending his clients, coupled with his knowledge of the law, are part of the reason he has been able to effectively secure dismissals for clients in Dallas County, Collin County, Tarrant County, Denton County, and several other counties throughout Texas. David recognizes the difficulties associated with every case and works tirelessly to try and reach the best possible outcome for each of his clients. He understands that every case is unique and that every client is facing different circumstances. That is why David works with every client individually to try to ensure the best possible outcome on their case.

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