Pros And Cons Of Testifying On Your Own Behalf

When you've been charged criminally and are discussing your court case with your attorney, the topic of you testifying will almost certainly come up. Those who have been charged with crimes don't always testify on their own behalf, but there are certain times that criminal defense attorneys will advocate doing so. It's also common to practice testifying with your attorney asking you questions. Here are some strengths and weaknesses of taking the stand, which you'll want to discuss with your attorney before you move forward.

Pro: No One Is In A Better Position

Your freedom is at stake when you're charged criminally, and especially if it's a serious charge. It's important to know that there's no one who is in a better position to speak about the alleged incident than you. While the plaintiff or other parties involved might have their versions of what happened, you're the best person to speak about your role in the alleged incident. The right testimony from a defendant can be instrumental in getting a verdict of innocent.

Con: A Cross-Examination Is Difficult

When you decide to testify on your own behalf, you're not just answering questions — for which you're prepared — from your own attorney. You'll also need to address questions from the prosecution, which can be a difficult process. Prosecutors not only ask pointed questions but can also get under your skin so that you react in an unflattering manner. Both can be detrimental to your case.

Pro: A Chance To Make An Emotional Appeal

Getting on the stand to testify on your own behalf gives you a chance to make an emotional appeal to the jury. When you don't testify, the jury doesn't really establish a connection with you. When you speak to the court, however, an emotional connection is possible. For example, if your defense strategy for an alleged assault involves arguing self-defense, you can emotionally talk about how you reacted because you feared your life and the lives of your family were in danger.

Con: Your Believability May Be Questionable

Certain people are simply more believable than others. If you're the type of person who says things that are difficult to believe, testifying on your own behalf could harm your case. Upon hearing from you, the jury could believe that you're not being forthcoming, and thus be less keen to find you innocent. A methodical discussion with your criminal defense attorney about the merits and challenges of taking the stand will have you both in agreement about how to proceed.

For more information, contact a lawyer like Roseline D. Feral Attorney at Law today.

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