SHOULD I TESTIFY IN MY CRIMINAL CASE?

The United States Constitution allows you the right to testify on your own behalf in your criminal trial. However, having the right to testify does not always mean that it is a good idea to do so. This is a decision that you are your attorney will need to make during your trial after weighing a number of considerations. Here are the pros and cons of testifying for yourself during a criminal proceeding. 

Reasons to Testify in Your Criminal Law Case

There are some times when you can help your own case by putting your own human face on it. The jurors may see your face and hear testimony about what the prosecution is alleging, but they may not hear your voice. You may be able to draw a favorable contrast between you and the prosecution's witnesses, who might be less than honest. 

Even though you are innocent until proven guilty, it does always work that way with the jury. Testifying on your behalf could help erase any presumption of guilt that the jury may have. In addition, your physical testimony could help prove your defense as to why you could not have committed the crime that the prosecution is trying to prove.

Reasons Not to Testify in Court

One of the obvious dangers to testifying is that the prosecutor has a chance to cross-examine you. Even if they do not outright disprove any parts of your testimony, they can put you on the defensive. That could impact your credibility in the eyes of the jury.

Sometimes, all the prosecutor needs to do is rattle you. If the jury sees any hint of anger, temper, or sarcasm, you may suffer in their eyes. Your lawyer should not put you on the stand if they are not certain that you can maintain your composure.

Your testimony could undercut your criminal defense lawyer’s legal strategy if you say something wrong under oath. All it takes is one wrong admission, and it could blow up your own case. Prosecutors are trained to fluster you with their questioning, and they could lead you down a path that could harm your legal prospects.

The Fifth Amendment makes testifying in your criminal case an option and not a requirement. Your attorney will need to think very hard about whether your testimony will benefit your case. Sometimes, the answer could change depending on how your case is going. Here are some considerations during the case:

• Whether the prosecutor is doing a good job of proving their case
• The body language of the jury
• The testimony that has come out during the trial

Just know that your performance on the witness stand may make the difference between a conviction and an acquittal. 

Call Cohen Law Offices Today

If you have been accused of a crime, call us today at (715) 514-5051 or contact us online to schedule your free initial consultation. The lawyers of Cohen Law Offices are standing by to protect your rights as resolve your case as favorably as possible.