One of the most critical decisions faced by criminal defense attorneys and their clients is whether the defendant should testify in their defense during the trial. The choice to testify carries significant implications, as it directly impacts the presentation of the case and the defendant’s credibility. Having a skilled and experienced defense attorney will greatly help your decision on whether or not it is a good idea to testify.
Attorney Dan Chambers of Chambers Law breaks it down for you in a web series, Anatomy of a Criminal Case, which shares brief lectures on how the criminal defense process is handled in the state of California.
Click here to watch Episode Eleven where he takes a look at the thinking process behind the decision To Testify, Or Not To Testify in an easy-to-understand webisode breakdown.
To schedule your free consultation and begin forming a strong defense strategy, call 714-760-4088 to speak with a member of our “Super Lawyer of the Year” team.
In this blog post, we will explore the general considerations behind this decision, including the defendant’s criminal record, their comfort level, and their ability to withstand cross-examination. We will also highlight specific scenarios, such as self-defense cases, where the defendant’s testimony may be crucial.
The General Rule: Factors to Consider
We know it is never easy to testify, regardless of innocence. It is a mix of public speaking and being vulnerable at the same time while going through arguably the most stressful time in your life. To be sure, there are some critical factors to consider before deciding whether testifying is a good idea.
- Prior Criminal Record – The defendant’s prior criminal record can heavily influence the decision to testify. If the defendant has a history of convictions or offenses that may be introduced as evidence, testifying may expose them to damaging cross-examination and undermine their credibility in the eyes of the jury.
- Comfort and Demeanor – The defendant’s comfort level and ability to remain composed during questioning are crucial factors. Testifying can be an emotionally challenging experience, and if the defendant is likely to become overly defensive, agitated, or uncooperative, it may adversely affect their case. The defense attorney must assess the defendant’s demeanor and ability to present a composed and credible testimony.
- Cross-Examination Skills – The defendant’s ability to withstand cross-examination is a significant consideration. Cross-examination can be intense and aimed at undermining the defendant’s credibility or extracting damaging admissions. If the defendant is likely to struggle with cross-examination or unintentionally make detrimental statements, the defense attorney may advise against testifying.
Self-Defense Cases Typically Require a Testimony
In certain scenarios, the defendant’s testimony may be critical to presenting an effective defense. One such scenario is self-defense cases, where the defendant’s claim revolves around acting in reasonable self-defense or defense of others. In these cases, the court examines three main things:
- the defendant’s account of the incident
- their perception of danger
- the reasons behind their actions
By testifying, the defendant can provide their side of the story, explain their state of mind, and justify their actions.
For example, imagine a case where the defendant is charged with assault after allegedly defending themselves against an aggressor. Testifying would allow the defendant to recount the events leading up to the altercation, articulate their fear or belief of imminent harm, and explain why they acted in self-defense. By presenting a credible and persuasive testimony, the defendant can enhance their chances of convincing the jury that their actions were justifiable.
Chambers Law Can Expertly Weigh-In If You Should Testify or Not
The decision of whether a defendant should testify in their defense is a complex one that requires careful consideration. Factors such as the defendant’s criminal record, comfort level, and ability to withstand cross-examination play significant roles in making this decision. While there is a general rule against testifying when a defendant has a prior criminal record or may struggle during cross-examination, there are specific scenarios, such as self-defense cases, where the defendant’s testimony is often crucial.
As a criminal defense attorney, Chambers Law understands the weight of this decision and works closely with its clients to assess the potential risks and benefits, ultimately crafting a defense strategy that provides the best chance of achieving a favorable outcome in the courtroom. Call 714-760-4088 to begin building your legal defense or reach out to us on our Contact Page.
Make sure to watch Episode 11: To Testify, or Not to Testify to be best prepared for your court case.
Loved This Webseries? STAY TUNED – 4 More Episodes Are on Their Way Where We’ll Continue to Explore the Anatomy of a Criminal Case
