When you’ve been accused of criminal wrongdoing and the evidence seems stacked against you, it can be tempting to step to the witness stand, tell your side of the story, and explain why the prosecution has it all wrong. While you certainly have the right to testify in your own defense, doing so can be incredibly risky.
Why testifying in your own defense might be a bad idea
Deciding whether to testify in your case is a major decision, and one that shouldn’t be made lightly. As you’re thinking about whether testifying is right for you, keep these risk factors in mind:
- Your credibility will be drawn into question as much as possible, which may include dragging up previous contradictory statements that you’ve made or your criminal history.
- The jury will read things into your demeanor on the stand, so your composure could become problematic.
- You’ll be required to tell the truth lest you be punished for perjury.
- Refusing to answer questions based on your Fifth Amendment right against self-incrimination can make you look bad in the eyes of the jury.
- Your testimony might simply be unbelievable.
When you testify, you’ll be subject to aggressive cross-examination by the prosecution, too, which leaves you at a heightened risk of saying the wrong thing, coming across as flippant, or presenting a physical demeanor that’s misinterpreted by the jury. You obviously want to avoid that from happening if you can.
Make the criminal defense decisions that are right for you
All of that said, your circumstances may warrant testifying in your own defense. What’s important is that you completely think through what criminal defense strategies are best suited to position you for success in your case. That can be hard to do if you’re unfamiliar with the criminal justice system, but that’s why you can and should educate yourself as much as possible before finalizing your criminal defense strategy.