In popular television shows, defense lawyers constantly put defendants on the stand to tell “their side of the story.” Often, the hero lawyer’s brilliant handling of the defendant’s testimony creates the triumphant, pivotal moment that sets the innocent victim on the path to freedom.

In reality, it is rarely a good idea to testify in your criminal case, and few reputable defense attorneys will want to put you on the stand. 

Defendant Testimony is Unnecessary

In a criminal case, the burden of proof rests with the prosecution. You are innocent until proven guilty

In other words, you don’t have to tell your side of the story.

The District Attorney’s office has to prove their theory of the crime. 

This is a massive advantage and one you should not give away lightly. As your defense attorneys, we often work by chipping away at the evidence the DA uses to present their case, undermining it, and showing why their suppositions cannot be accurate. You do not have to get up on the stand for us to do that. 

Defendant Testimony is Risky

Getting up on the stand waives your right to silence. As we’ve covered in other blog posts, your right to silence is one of the most effective protections you have against criminal prosecution. 

You also open yourself up to cross-examination, which is extremely dangerous. You’re allowing the prosecution to poke holes in your story and ask questions you might not want to be asked. 

While you could still “plead the Fifth” in response to some questions, you create trouble every time you do. You’d essentially be telling the jury, repeatedly: “There’s something incriminating here.” It would be like getting up on the stand and shouting that you’re guilty. 

You’ll also be inviting the jury to decide whether they like you, which is not helpful. You’ll try to make a good impression while you’re under stress, which is almost always impossible. If you come across as a liar, the jury may ignore every other problem with the evidence in favor of convicting you. Remember, most people already believe the police go on a grand quest for truth and almost always arrest the right person. 

There Are Always Exceptions 

Every criminal case is different. There are, at times, specific cases where the potential rewards might outweigh the risks.

Trust your criminal defense attorney to know when those exceptions apply to your case. Don’t insist on testifying. Let your lawyer suggest it, and then ask your lawyer to give you the rigorous preparation you’d need to be successful. 

Get Help Today 

Working with an experienced private criminal defense attorney is the surest way to bring your case to its best potential outcome. 

If you’re in trouble, don’t delay. Contact us to get help today. 

See also:

Why You Shouldn’t Talk to Your Friends and Family Members About Your Houston, TX Criminal Case

5 Mistakes You Need to Avoid in Your Houston, TX Criminal Case 

How to Exercise Your Right to Remain Silent After a Houston, TX Arrest

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In popular television shows, defense lawyers constantly put defendants on the stand to tell “their side of the story.” Often, the hero lawyer’s brilliant handling of the defendant’s testimony creates the triumphant, pivotal moment that sets the innocent victim on the path to freedom.

In reality, it is rarely a good idea to testify in your criminal case, and few reputable defense attorneys will want to put you on the stand. 

Defendant Testimony is Unnecessary

In a criminal case, the burden of proof rests with the prosecution. You are innocent until proven guilty

In other words, you don’t have to tell your side of the story.

The District Attorney’s office has to prove their theory of the crime. 

This is a massive advantage and one you should not give away lightly. As your defense attorneys, we often work by chipping away at the evidence the DA uses to present their case, undermining it, and showing why their suppositions cannot be accurate. You do not have to get up on the stand for us to do that. 

Defendant Testimony is Risky

Getting up on the stand waives your right to silence. As we’ve covered in other blog posts, your right to silence is one of the most effective protections you have against criminal prosecution. 

You also open yourself up to cross-examination, which is extremely dangerous. You’re allowing the prosecution to poke holes in your story and ask questions you might not want to be asked. 

While you could still “plead the Fifth” in response to some questions, you create trouble every time you do. You’d essentially be telling the jury, repeatedly: “There’s something incriminating here.” It would be like getting up on the stand and shouting that you’re guilty. 

You’ll also be inviting the jury to decide whether they like you, which is not helpful. You’ll try to make a good impression while you’re under stress, which is almost always impossible. If you come across as a liar, the jury may ignore every other problem with the evidence in favor of convicting you. Remember, most people already believe the police go on a grand quest for truth and almost always arrest the right person. 

There Are Always Exceptions 

Every criminal case is different. There are, at times, specific cases where the potential rewards might outweigh the risks.

Trust your criminal defense attorney to know when those exceptions apply to your case. Don’t insist on testifying. Let your lawyer suggest it, and then ask your lawyer to give you the rigorous preparation you’d need to be successful. 

Get Help Today 

Working with an experienced private criminal defense attorney is the surest way to bring your case to its best potential outcome. 

If you’re in trouble, don’t delay. Contact us to get help today. 

See also:

Why You Shouldn’t Talk to Your Friends and Family Members About Your Houston, TX Criminal Case

5 Mistakes You Need to Avoid in Your Houston, TX Criminal Case 

How to Exercise Your Right to Remain Silent After a Houston, TX Arrest

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They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
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Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
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Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
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The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
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Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
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