Should You Testify in Your Criminal Case?
If you’ve been charged with a crime and your case is going to trial, it might seem like a good idea to testify in court. But while you have the right to testify in your own defense, is it a good idea for you to take the witness stand? Deciding whether you should testify in your criminal case is a significant choice and should be made in consultation with a defense attorney. While it is ultimately your decision as the defendant whether to testify in your criminal case, your decision should only come after you have sought legal advice from a qualified criminal defense attorney.
Can You Testify in Your Criminal Case?
As a criminal defendant, you have the right to testify in your defense in your criminal trial. In other words, you can be a witness in your criminal case. However, while you have the right to testify on your behalf, it does not automatically mean that you should testify. In fact, most defendants don’t testify in their criminal cases. Most defense attorneys advise their clients against taking the witness stand at their own trial.
Should You Testify in Your Criminal Case?
Whether or not you should testify in your criminal case is a decision you should make after consulting with a qualified criminal defense attorney. However, the truth is that it is very risky for criminal defendants to testify in their criminal cases. The biggest risk is what information could come out during cross-examination. Often, that risk outweighs any benefit that could be achieved from a defendant testifying in court.
In most cases, defense attorneys develop a strategy that does not require the defendant to take the witness stand. The most common trial tactic of criminal defense attorneys is to focus on attacking the prosecution’s case. For example, a defense lawyer may focus on showing that the prosecutor does not have enough evidence to prove their case beyond a reasonable doubt.
Can You Be Forced To Testify in Criminal Court?
If you choose not to testify in your trial, one of your main concerns might be whether you can be forced to testify. So, can you be forced to testify in criminal court? In criminal prosecution cases, the accused cannot be forced to testify or otherwise make any statement. The Fifth Amendment to the United States of America states that a criminal defendant cannot be compelled to be a witness against themselves.
Another concern that you may have is whether your decision not to testify can be used against you as an indicator of guilt. The answer is no, your decision not to testify can’t be used against you. The prosecution, and its witnesses, may not make any comment about the decision not to testify. Not during the presentation of evidence, or in the arguments made by the attorney. If you and your defense attorney determine that it is best for you not to testify in court, the judge will instruct the jury that they cannot consider your decision not to testify as evidence of guilt. In the U.S., the principle is that the prosecution has the burden of proving their case, the accused is not required to say or do anything at their trial.
Contact an Indianapolis Criminal Defense Lawyer
Contact our Indianapolis criminal defense lawyers at Rigney Law LLC if you are looking for an experienced and credible defense lawyer.
