[et_pb_section fb_built=”1″ _builder_version=”4.7.7″ _module_preset=”default”][et_pb_row _builder_version=”4.7.7″ _module_preset=”default”][et_pb_column type=”4_4″ _builder_version=”4.7.7″ _module_preset=”default”][et_pb_text _builder_version=”4.7.7″ _module_preset=”default” header_font=”|600|||||||” header_font_size=”2vw” header_2_font=”|600|||||||” header_3_font=”|600|||||||”]<\/p>\n
The Fifth Amendment<\/a> to the U.S. Constitution grants you a privilege against self-incrimination. This means the prosecutor cannot force you to testify at your criminal trial, but you always retain the right to testify if you want.<\/p>\n Should you? Whether to testify or not is a complicated question without an easy answer. Typically, you will need to carefully review whether you have evidence that is absolutely necessary for the jury to hear. You will also need to analyze how good of a witness you are.<\/p>\n Can Other Witnesses Introduce Key Evidence?<\/strong><\/p>\n Imagine that you have been picked up for getting in a fight inside someone\u2019s apartment. Only two people were there\u2014you and the other person. At trial, the person you punched gets on the stand and claims that you started the violence by punching them in the face for no reason. You know this is a flat-out lie. In truth, the other person started the fight\u2014by punching you in the face. Your lawyer, who knows the witness is lying, tries to punch holes in their story, but the witness sticks to it.<\/p>\n Should you testify? Possibly. If you don\u2019t, then the jury will only hear one side of the story, which makes you look like the aggressor. In this situation, only you can get important information in front of the jury, so testifying makes sense.<\/p>\n However, imagine that another witness was in the apartment with you. This person saw that you did not start the fight. In this situation, this witness can testify in court that you were the victim and that you took a swing only in self-defense. In this situation, your testimony is far less important.<\/p>\n Are You a Good Witness?<\/strong><\/p>\n Another consideration is how credible you appear to the jury. You might seriously hurt your case if you are not a good witness. Consider the following:<\/p>\n While preparing for trial, your defense lawyer might simulate a cross-examination to see how well you stand up to constant pressure. This simulation can give you some idea whether you should testify and, if you do, what you need to work on to appear to be a credible witness.<\/p>\n Only You Can Decide Whether to Testify<\/strong><\/p>\n Your lawyer can give you advice about whether to testify, but the choice is entirely yours. Listen to what your lawyer has to say and then consider whether you are truly prepared for testifying in court. If you want to testify but are nervous, you can do more practice sessions.<\/p>\n Speak with a Columbia, South Carolina Criminal Defense Lawyer<\/strong><\/p>\n A criminal conviction has repercussions that can last a lifetime. If you have been charged with a crime, you will need an aggressive criminal defense lawyer in your corner. Contact William A. Hodge, Attorney at Law, for a free consultation at 803-457-2216<\/a> or fill out our contact form<\/a>.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" SHOULD CRIMINAL DEFENDANTS TESTIFY IN THEIR OWN DEFENSE? The Fifth Amendment to the U.S. Constitution grants you a privilege against self-incrimination. This means the prosecutor cannot force you to testify at your criminal trial, but you always retain the right to testify if you want. Should you? Whether to testify or not is a complicated […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[8],"tags":[],"_links":{"self":[{"href":"https:\/\/williamhodgelaw.com\/wp-json\/wp\/v2\/posts\/776"}],"collection":[{"href":"https:\/\/williamhodgelaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/williamhodgelaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/williamhodgelaw.com\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/williamhodgelaw.com\/wp-json\/wp\/v2\/comments?post=776"}],"version-history":[{"count":0,"href":"https:\/\/williamhodgelaw.com\/wp-json\/wp\/v2\/posts\/776\/revisions"}],"wp:attachment":[{"href":"https:\/\/williamhodgelaw.com\/wp-json\/wp\/v2\/media?parent=776"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/williamhodgelaw.com\/wp-json\/wp\/v2\/categories?post=776"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/williamhodgelaw.com\/wp-json\/wp\/v2\/tags?post=776"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n