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6 Factors to Consider Whether to Testify at
Your Criminal Trial
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.
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Our mission is to help keep good people out of jail by balancing the criminal justice playing field so each one of our clients has a fighting chance to achieve realistic outcomes for their individual legal situations.
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.
100+ Five-Star Google Reviews
"Been working with Future First Criminal Legal Team since 2020. They helped provide legal experience for an unjustified case I was not taking the plea. Fast forward to 2023, case was pulled to Superior Court and dismissed the day before the actual court date. Big thanks to the whole FFC Legal Team truly helped provide the outcome wanted."
Jay E. 2023 100+ Five-Star Google Reviews
"Future First Criminal Law is a great firm. Very professional and reactive. Ed was great and got me the best option that wasn’t originally even an option. They were recommended to me and come highly recommended from me. Thanks Future First team!"
Kaycie L. 2023 100+ Five-Star Google Reviews
“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!”
Joshua Black, Attorney 100+ Five-Star Google Reviews
"Future first is 100% worth the cost. Honesty up front and through the end. The videos they make answered almost all my questions and I never had to go to their office. The group txt they have answered the rest and made it really easy to send documents via picture. They got me a better deal than I thought possible. Would highly recommend."
Charlie B. 2022 100+ Five-Star Google Reviews
“I am a commercial truck driver that was excused of a serious traffic violation during an accident. Future first took the reigns and guided me through start to finish. They not only got my charges dismissed saved my job and my commercial drivers license.”
J.M. 2021
100+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don't see very often these days.”
Brandon White, Attorney 100+ Five-Star Google Reviews
"The team is wonderful I would recommend these guys a million times to anyone who needs them. They are professional and they keep you updated every step of the way. Thank you guys soooo much. Ed you the best you have a wonderful team. I literally thought my life was over but trust these guys delivered."
Kay L. - June 2023 100+ Five-Star Google Reviews
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Allen Hsu, Attorney 100+ Five-Star Google Reviews
"The entire law firm was extremely helpful and made my life as easy as possible. Would not have gotten the results I did without them. Definitely recommend."
Aaron K. - June 2023 100+ Five-Star Google Reviews
“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”
Kristopher Califano, Attorney 100+ Five-Star Google Reviews
"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. Without them the consequences would’ve been much worse so very thankful to the team."
Adam - July 2023 100+ Five-Star Google Reviews
“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.”
Josephine Hallam, AttorneyKnowledgeable Phoenix DUI Lawyers
We help keep GOOD people out of jail — Future First Criminal Law is your top choice for competitive criminal defense and DUI law firms. Our practice is limited to a small number of criminal defense clients to best devote all of our time and attention to EVERY client’s needs. We understand that your future is at risk and our team will work diligently to develop an unwavering defense in court.
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Have you been involved in DUI? Contact our lawyers today to protect your rights and freedoms. They can help you gain an understanding of the criminal defense legal process and learn about the options available to you. Create a thorough defense strategy to give you your best chances — Schedule a free consultation.
Find the Right Phoenix, Arizona DUI Lawyer for Your Case
If you need a DUI Lawyer in Arizona, Look for an experienced criminal defense law firm that can dedicate all of their time and resources to helping clients with criminal charges. Find a knowledgeable DUI Lawyer who is willing to educate and advocate through every step of the legal process. Future First Criminal Law will get to know your case and develop a strategy that will work best for you. Request a free consultation today.
Areas Served
 | 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
Areas Served
| 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
100+ Five-Star Google Reviews
"Been working with Future First Criminal Legal Team since 2020. They helped provide legal experience for an unjustified case I was not taking the plea. Fast forward to 2023, case was pulled to Superior Court and dismissed the day before the actual court date. Big thanks to the whole FFC Legal Team truly helped provide the outcome wanted."
Jay E. 2023 100+ Five-Star Google Reviews
"Future First Criminal Law is a great firm. Very professional and reactive. Ed was great and got me the best option that wasn’t originally even an option. They were recommended to me and come highly recommended from me. Thanks Future First team!"
Kaycie L. 2023 100+ Five-Star Google Reviews
“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!”
Joshua Black, Attorney 100+ Five-Star Google Reviews
"Future first is 100% worth the cost. Honesty up front and through the end. The videos they make answered almost all my questions and I never had to go to their office. The group txt they have answered the rest and made it really easy to send documents via picture. They got me a better deal than I thought possible. Would highly recommend."
Charlie B. 2022 100+ Five-Star Google Reviews
“I am a commercial truck driver that was excused of a serious traffic violation during an accident. Future first took the reigns and guided me through start to finish. They not only got my charges dismissed saved my job and my commercial drivers license.”
J.M. 2021
100+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don't see very often these days.”
Brandon White, Attorney 100+ Five-Star Google Reviews
"The team is wonderful I would recommend these guys a million times to anyone who needs them. They are professional and they keep you updated every step of the way. Thank you guys soooo much. Ed you the best you have a wonderful team. I literally thought my life was over but trust these guys delivered."
Kay L. - June 2023 100+ Five-Star Google Reviews
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Allen Hsu, Attorney 100+ Five-Star Google Reviews
"The entire law firm was extremely helpful and made my life as easy as possible. Would not have gotten the results I did without them. Definitely recommend."
Aaron K. - June 2023 100+ Five-Star Google Reviews
“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”
Kristopher Califano, Attorney 100+ Five-Star Google Reviews
"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. Without them the consequences would’ve been much worse so very thankful to the team."
Adam - July 2023 100+ Five-Star Google Reviews
“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.”
Josephine Hallam, Attorney