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Want to Testify in Your Defense? Here’s What You Should Know (Part 3)

February 13, 2014

Defendants who are deciding whether to testify in their defense need to be aware that prosecutors will try to push their buttons in front of the jurors.

Wrapping up the three-part blog Want to Testify in Your Defense? Here’s What You Should Know, the following discusses the final two considerations that defendants need to take into account as they are making the important decision whether or not to take the witness stand in their defense during a trial.

The prosecutor WILL try to push your buttons during cross-examination – When you choose to take the stand to explain your side of the story during a criminal trial, the prosecutor will get the chance to cross examine (i.e., question) you, and he or she WILL do everything he or she can to rattle you, upset you, anger you and otherwise push your buttons. This is because prosecutors want you to lose it while you are on the stand – they want you to say something to incriminate yourself, get angry and generally make a bad impression on the jury.If you do plan on testifying in your defense, you need to be prepared for off-putting questions from prosecutors, and you will need to be able to respond calmly when prosecutors are doing everything they can to upset you. While a skilled defense attorney can help you prepare for such intense questioning, if you have a short-fuse or think that you may lose your cool when grilled by prosecutors, it may be a better idea for you to not take the stand in your own defense, as it could end up significantly hurting your case.
Juries typically don’t hold it against defendants when they choose not to testify – While jurors can hold what you say and how you say it against you if you take the stand, what most defendants don’t realize is that, in general, jurors do NOT hold it against defendants when they choose to exercise their Fifth Amendment rights and not take the witness stand.Therefore, if taking the stand may cause you to make a negative impression on the jury and/or could give prosecutors the chance to introduce new incriminating evidence against you, choosing not to testify will generally be far more beneficial to your defense case than taking the stand.

Denver and Boulder Metro Area Criminal Defense Lawyer at the Griffin Law Firm

Facing any type of criminal charges can be both scary and stressful, as a conviction could cost you your reputation, your career, your family and even your freedom. If you or your loved one has been arrested for and/or formally charged with any crime, Christopher Griffin wants you to know that he is ready to immediately start providing you with the strongest possible defense against police and prosecutors – both outside and inside of the courtroom.

Regardless of whether you are facing criminal charges for the first time, have prior convictions and/or were on probation or parole at the time of the alleged crime, Christopher Griffin and all of the legal professionals at the Griffin Law Firm will work relentlessly to help you obtain the best possible outcome to your case.

To receive a complete evaluation of your case, along with professional advice regarding your best options, contact us by calling 303-280-1070 or by emailing us using the form at the top of this page.