Should You Testify At Your Own Criminal Trial?

One of the rights you have when facing criminal charges is the right to not testify at your own trial. This right comes from the Fifth Amendment of the Constitution, which states that you do not have to answer questions that would cause self-incrimination. If you are facing a criminal trial and are trying to decide whether to take the stand in it, here are several things you should know.

You have the legal right not to

The Fifth Amendment is the protection you have that allows you to choose not to testify at your own trial. This right is something you can exercise if you choose, and you can also choose to testify if you want to.

You may have to answer questions you do not want to answer

If you are considering taking the stand during your own trial, you will still have the Fifth Amendment right not to answer questions for reasons of self-incrimination; however, when you are on the stand, the judge may tell you that you have to answer questions. When you take the stand, in a sense, you are waiving some of the Fifth Amendment rights that you have. You are placing yourself in a position where you may or may not have to answer questions that you are not comfortable with, and you should be sure you are willing to be in this position before you agree to testify in your own case.

Not testifying may cause you to appear guilty

Some defendants choose to testify in their own cases simply to avoid looking guilty. While it is true that not testifying may cause you to look guilty, this is not a reason that the jury can use to convict you of the crime, and the judge will likely remind them of this. Taking the stand is not always a bad idea, but it is not always a good idea either. You should not take the stand, though, simply to avoid looking guilty because you were choosing not to testify.

Take your lawyer's advice

The best thing you can do in this situation is talk to your federal criminal lawyer about this decision. Your lawyer will give you the best advice for your situation, and you should consider taking your lawyer's advice in this. If you do not yet have a lawyer representing you, you should find one quickly so you can begin working on your case with legal counsel.