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Should You Testify at Trial?
6 Factors to Consider for Your Criminal Trial Defense
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Should You Testify at Trial?
6 Factors to Consider for Your Criminal Trial Defense
No person “shall be compelled in any criminal case to be a witness against himself.” This is the Fifth Amendment privilege against self-incrimination. It means that you cannot be forced to take the witness stand during your criminal trial; instead, you may choose to remain silent. Although conventional wisdom suggests that remaining silent is the wise choice in most cases, there are several factors you should consider in deciding whether to testify.
1. Your testimony may bolster your defense.
If you are claiming self-defense, or entrapment, or that you acted in good faith, you may want to testify. These and similar defenses are more likely to carry the day when the defendant testifies. This is especially true if you have a credible explanation for your actions, and you have no prior criminal record.
2. Human nature: Jurors will want to hear from you.
As a general rule, jurors want the accused to take the stand and defend himself. This cuts both ways, however, as jurors tend to view the defendant’s testimony with skepticism, knowing that his liberty is at stake.
3. You are innocent until proven guilty beyond a reasonable doubt.
In every criminal trial, the defendant is presumed innocent, until proven guilty. To put it another way: You do not have to prove your innocence; the prosecution has to prove your guilt, beyond a reasonable doubt. Accordingly, if the prosecution has failed to meet its burden of proof, or your attorney has created a reasonable doubt through his cross-examination of the prosecution’s witnesses, then you should probably remain silent.
4. Your silence cannot be used against you.
The law forbids the prosecutor from commenting on your silence. In addition, the court will instruct the jurors that they may not draw any negative inferences(including an inference of guilt) from your silence.
5. Cross-examination is not for the faint of heart.
While there are few certainties in a criminal trial, you can be certain that the prosecutor will go after you on cross-examination. He will use every tactic available to him to undermine your credibility and poke holes in your testimony. It is the rare defendant who can withstand this type of grueling questioning.
6. Your testimony may overshadow other evidence in the case.
If you choose to testify, your testimony (and your credibility) will be the trial’s main event. If the jury does not believe you, they will convict you, regardless of the weaknesses in the prosecution’s case; or the strength of other evidence presented in the case; or the judge’s instructions about reasonable doubt.
In deciding whether to testify in your criminal trial, you must carefully weigh the potential benefits and risks. Your testimony could strengthen your defense, offer jurors an authentic perspective, and reinforce your claims of innocence. However, the dangers of cross-examination, the burden of juror scrutiny, and the possible overshadowing of other evidence make this decision a pivotal one. Consulting with a seasoned criminal law firm like Future First can help you assess these factors and craft a strategic approach tailored to your unique case. If you’re facing this critical choice, reach out to our legal team for a free phone consultation to understand how to best protect your rights and your future.
Protect Your Rights | Secure Your Future
Experienced Top-Rated Arizona Lawyers Positively Impacting Lives Through Effective Legal Advocacy - Protecting Your Rights and Your Future
Future First Criminal Law is your top choice for strong DUI and Criminal defense representation. With a focus on a limited number of clients, we dedicate our full attention to each case, ensuring personalized and effective legal solutions.
Why Choose Us?
- Client-Centric Approach: We understand your future is at risk and your well-being is our priority. We tailor our defense strategies to your unique circumstances, devoting time and attention to each client. We work diligently to develop a personalized, thorough defense giving you the best possible outcome.
- Reasonable Flat-Fee Pricing: No hourly rates. Our flat fee is determined by the charge and the complexity of your case.
- Flexible Payment Plans and Loans: We offer payment plans to accommodate your financial situation, ensuring access to quality legal representation.
- Free Phone Consultations: Schedule a free consultation to discuss your case and explore your legal options. We’re here to help. Your future matters and it is worth fighting for.
- Local Experience: We provide our clients with extensive local experience, serving exclusively in the Phoenix area and Maricopa County. Our in-depth knowledge of local laws and procedures ensures we bring a strategic advantage to your case. Ranked as the 112th fastest-growing law firm in the U.S. in 2023, we have consistently achieved successful outcomes for our clients. For 5-Star testimonials from our satisfied clients, please visit Future First's Google Reviews.
- Dedication to Defense: Our commitment to DUI & Criminal defense ensures we provide you with informed advocacy and steadfast representation.
- Video Updates from Your Lawyer: Detailed, personalized video updates from your lawyer will address your concerns/questions.
- 24/7 Case Support: Straightforward support from our legal team throughout your case. We are available via text, email or phone.
- Educate and Advocate: We believe in empowering our clients by providing comprehensive legal guidance and unwavering support throughout the legal process.
Protect Your Rights, Schedule a Complimentary Phone Consultation
If you're facing DUI or other Criminal charges in Arizona, it's crucial to enlist the help of an experienced criminal lawyer. At Future First Criminal Law, we're dedicated to safeguarding your rights and freedoms. Contact our legal team today to schedule your free phone consultation and take the first step towards a successful defense.
Joshua Black - Attorney
“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”
Alex
"⭐⭐⭐⭐⭐ 10 Stars first of all I want to say thanks to God for these great lawyers that help me in my DUI case I want to say thank you to Trevor for being 100% professional and their team of lawyers Andrea thank you Megan thank you. On the day of my court date I was really nervous but when I seen my lawyer Zach he was really professional give me good advise. I thought I was going to lose my job but Zach my lawyer help me reduce my jail sentence to less time I just want to say thank you for being so professional Zach great lawyer 100% I recommend him to anyone that needs help with their DUI cases and doesn't matter what kind of DUI they will help you out a lot I will give them not only 10 Stars but a hundred more thank you future first criminal law I recommend them to anyone thank you."
Dean
"Future First Criminal Law exceeded my expectations, on my first court appearance an old charge came up out of no where and the judge wasn’t going to let me leave. Ed got right on his phone and got it all cleared up! It is always best to have a private lawyer especially with criminal charges, the outcome will always be better and I highly recommend future first. Ed made a personal video breaking down my charges, the discovery, and my plea offer step by step. If you are questioning whether or not to get a lawyer, future first is the way to go 100%. You can’t put a price on freedom!! Thanks Ed!!!!"
Taz
"They helped me tremendously, I had some extreme charges for my DUI and assault case, they got me the best deal I could get. 1 day jail time. Based on what I couldve spent. They have a great team, they communicate well with you an guide you thru your entire ordeal. Ed Robinson was my lawyer. I highly recommend them!!"
Jesse
"Future First Criminal Law is an excellent firm. They helped me out with a case I had. They are friendly throughout the whole process. They are professional, thorough, and I would definitely recommend them to anybody who’s in need of their services. They also allowed me to set up payment plans which was greatly appreciated. Working with them took a lot of stress, and weight off the whole situation. I just recently had them help me with my set aside as well. Thank you Future First Criminal Law."
Tyler
"Zach and his team were great! Right away after we spoke to Zach we felt a sense of relief from all of our worries and concerns. Being in a position to find an attorney isn’t always a fun thing to do. Thank you Zach and your entire firm for your constant updates and great communication. You never left us in the dark or wondering when we might have our questions answered. We will certainly refer your firm to anyone we know looking for your services. Thank you, for all your time and efforts for our case."
Adam
"If I could rate Future First Crimal Law higher I would. After making the dumb mistake of getting a DUI they have been there for me every step of the way. There is nothing worse than going at this alone. You want someone in your corner during this stressful time and no one is better than Zach and his team there. They walk you through everything, keeps records of a what you need to do for the courts and sends it to them, and gets you the best case scenario sentence. Without them the consequences would’ve been much worse so very thankful to the team."
Zat
"I am so grateful for the service I was given by all the Team of Future First Criminal Law and particularly Attorney ED Robinson, from the Day one of my appearances until the sentencing he was there encouraging me and the Defense he has taken on my behalf has made me more confident and all my stress and Depression was gone, I’m so thanks full for helping me in this terrible situation. I’ll be suggesting you to everyone in my situation. God Bless Future First Criminal Law; God Bless Attorney ED Robinson."
Celeste
"I would just like to express the life changing help and support I received from the legal team at Future First! The endless hours and resources spent by these legal professionals really made a significant impact on my life. I’m so grateful for the help of the legal system and experts whom treated my case like it was their own. I truly know that they can do the same for you! Thanks again to everyone at Future First, words can’t even begin to express my gratitude for getting me the best possible outcome! Happy holidays. I’m happy to be spending mine with friends and family while continuing to be a contributing member of society."
Josephine Hallam - Attorney
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
Dustin
"This team are absolute rockstars!!! They resolved my legal endeavors in a timely & affordable manner. Not only did they do everything I needed…but they basically took the reins with no inconvenience to myself and were on the ball with every step. I highly recommend their expertise!"
Ryan Renauro - Criminal Defense Attorney
"I can't say enough good things about Zachary. I have had the privileged to meet him through professional channels and he has helped me out a ton with the knowledge he possesses, his experience, and his kind heart and willingness to go the extra mile to help."
Future First Criminal Law stands as a seasoned legal team ready to assist with DUI and Criminal charges in the Phoenix Metro area. Discover how our team can be instrumental in navigating through your legal challenges.