Testify or not, and handle that decision wisely says Fairfax criminal lawyer

Testify or not. As a Fairfax criminal lawyer I know that getting on the witness stand — or remaining silent —  is one of the most critical decisions you can make in court. Make sure that your Virginia criminal lawyer fully prepares you to present testimony, so that any choice by you to assert your Fifth Amendment Constitutional right to remain silent has nothing to do with whether your lawyer has sufficiently prepared you to speak in court.

Should I testify or not in my Virginia criminal court case?

Whether to testify or not must be addressed by you and your Virginia criminal lawyer well in advance of your court date. You have a full  Fifth Amendment right to remain silent in court. Factors that might be considered by you and your criminal attorney in making that choice include how well you will speak, the extent to which your honest testimony aligns with possible acquittal, whether your testimony is to address a Fourth Amendment search and seizure violation (which words cannot be used against you at trial, if you do not give testimony at trial and materially differently than at your suppression motion hearing).

How should I handle my testimony in Virginia criminal court?

You may be uncomfortable if you will testify in court. Remember that most of the people in your courtroom have their own cases to deal with, which should make stagefright all the more unnecessary. Just as basics: Be ready for objections to be entered ted by the non-questioning lawyer. I tell my clients that when they hear the word “objection” or “object”, stop answering until the judge rules on the objection. If the judge says “overruled”, answer the question. If the judge says “sustained”, stop and wait for the next question. A mnemonic device for recognizing each ruling is that “overruled” and “open” start with the letter “O”, so walk right through that letter “O” and answer the question. “Sustained”, “stop” and “shuddup” start with the letter S, so stop and wait for the next question. I typically tell my clients to look at me when I am the questioner, and then to look naturally at the judge when answering (and not to look at the judge in the unnaturally-looking way that Amber Heard looked at the jury during her trial last year in her trial in the Fairfax courthouse last year. I usually tell my clients not to take their eyes off the questioning prosecutor, lest s/he do something to try to throw off the criminal defendant, for instance to add to his or her question just as the defendant is about to answer the original question. If the prosecutor asks why the defendant looks at the judge only when answering the defense lawyer’s questions, the defendant can answer “I do not believe in taking my eyes off my opponent,” which is both true and humorous.

What are the risks of my testifying in court?

I tell my clients not to testify in court if their testimony will not be true and more beneficial than not to their criminal defense. As a Fairfax criminal lawyer, I know that a Virginia prosecutor may ask a testifying criminal defendant any questions relevant to the case, and not be limited to the scope of the defendant’s testimony at trial. The prosecutor on cross examination of a Virginia criminal defendant may seek to impeach the defendant by cross examining to confirm the existence of certain relevant convictions. Most criminal defendants have insufficient or no experience testifying in court. Do not have your lawyer put you on the witness stand in court without fully preparing your testimony well before your court date.

Fairfax criminal lawyer Jonathan Katz relentlessly fights for your best possible court outcome against Virginia DUI, felony and misdemeanor proseuctions. Call 703-383=1100 for your free initial in-person confidential consultation about your court-pending case.