“To speak, or not to speak? That is the question!” What You Need To Know Before Taking the Stand in Your Criminal Case

If you are facing criminal charges in Florida, and your case is headed to trial, you may consider testifying in your defense. The thought of wanting to clear your name and tell your side of the story can be tempting. But before you decide to take the witness stand, you must understand the potential risks involved. While you have the right to testify in your case, the decision shouldn’t be made on a whim. This decision needs thorough and careful deliberation with your criminal defense attorney. Here’s what you need to know before deciding whether to testify in your criminal case.

You Aren’t Required To Testify in Your Criminal Case

One of the most important things to remember is that you are not required to testify in your criminal case. The Fifth Amendment of the U.S. Constitution and Section 9 of the Florida Constitution protect you from being forced to testify against yourself. This means you cannot be compelled to answer questions that could incriminate you.  Your right to remain silent doesn’t end at your arrest.  It carries with you all the way through trial.

If You Testify, You Can’t Choose Which Questions To Answer

If you take the stand, you cannot pick the questions you want to answer. You will be required to answer all the questions the prosecution poses, including those that might paint you negatively. One of the most significant risks of testifying is being subject to cross-examination by the government. The prosecution might take this opportunity to ask you tough questions aimed at weakening your credibility or even suggesting that you’ve committed other crimes.

Your Decision Not To Testify Cannot Be Held Against You

In criminal cases, your decision not to testify cannot be used as an admission or even inference of guilt. The prosecution cannot argue that your silence means you are guilty or hiding something. In fact, the judge will explicitly instruct the jury they must not hold your silence against you in any way.

Sometimes, staying off the witness stand can be a good choice as this prevents the possibility of opening doors that could lead to damaging revelations. For instance, if you have a prior criminal record, testifying in your defense could open the door for the prosecution to introduce evidence of your past convictions. Research shows that jurors are more likely to convict defendants with prior criminal records, assume they are more likely to lie under oath, or have a propensity to commit other crimes.

Should You Testify?

The short answer is: it depends. The decision of whether to testify is complex and should be made only after consulting with your criminal defense attorney. A skilled criminal defense attorney will focus on directly challenging the prosecution’s case and that may or may not include putting you on the witness stand. They may argue that the prosecution has failed to prove the charges beyond a reasonable doubt or that the evidence against you is insufficient regardless of what your testimony would be. Ultimately, every case is unique, and the decision of whether to testify will depend on the specifics of your case.

Legal Help Is Available

If you’re facing criminal charges in Florida, contact our experienced Fort Lauderdale criminal defense lawyers at Haber Blank, LLP, today to discuss your case.

Source:

scholarship.law.cornell.edu/clr/vol94/iss6/7/