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Beware the risks of testifying in your own criminal defense

On Behalf of | Dec 16, 2024 | Criminal Defense

If you’ve been charged with a criminal offense, then you’re probably ready to do whatever it takes to beat the allegations that have been levied against you. While this means exploring your defense options, you might have an internal drive to tell your side of the story, whether that means talking to investigators or testifying in your own defense. But both are extraordinarily risky and can put you in danger of conviction.

The risks of testifying in your own defense

You might think that testifying in your own defense gives you the ability to tell your side of the story and dispel everything that’s been said about you and your alleged criminality. However, there are real problems with testifying in your own defense, including the following:

  • You’ll be subjected to aggressive cross-examination that might trip you up, causing you to say something that can be devastating to your defense.
  • Your character might come under attack, which could paint a bad picture for the jury and increase the risk of being convicted.
  • The way you testify may not play well with the jury who, depending on your testimonial style, may view you as minimizing, belittling, smug or downright unbelievable.
  • You’ll be required to tell the truth, and if you don’t you could end up facing a criminal charge for perjury.

Don’t jeopardize your criminal defense

We understand the urge to try to explain away suspicions. But the burden is on the prosecution to prove your guilt. It’s not on you to prove your innocence. So, as you build your criminal defense, think about the best ways to poke holes in the prosecution’s case to raise that reasonable doubt. By doing so, and by being cautious about your own actions, you may be able to secure the criminal defense outcome that you want.

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