You have the right to testify in your defense during your criminal trial. But you also have the right to protect yourself from self-incrimination. These two issues intersect when you start contemplating whether you should testify in your case. You might think that all you have to do is take the stand and explain yourself in order to avoid conviction, but there are several risk factors that you have to be cognizant of before you make that decision.
Testifying in open court isn’t as easy as getting up on the stand and saying whatever you want. If you do decide to testify in your case, then you’re likely going to be subjected to some harsh questioning, which puts you at risk of the following:
- Aggressive cross-examination that may lead to questions that are difficult to answer or that paint you in a bad light.
- Attacks on your credibility, reliability, and character that can render your testimony less favorable than you hoped.
- Assessment and criticism of your physical demeanor by the judge and jury, which could leave a negative impression and thereby influence the perception of your testimony for the worse.
- Misstatements and mischaracterizations that make you look avoidant or untruthful.
Testifying in your own defense is therefore extremely risky. And you may not have much to offer that can’t be shown through other evidence. So, make sure you’re being thoughtful about the viability of your criminal defense before you decide to testify in your case.
Build a criminal defense that protects your interests
Figuring out who to call to testify in your case is just part of your criminal defense. There are a lot of moving pieces to a successful legal strategy, which is why the sooner you can start building your criminal defense, the better. Hopefully that way you’ll be prepared going into your trial, armed with compelling evidence that puts you on course to beating the prosecution and protecting your future.
