Testifying in court as a defendant.

You're facing criminal charges and want to declare your innocence to the jury. Your lawyer advises against it, but you have the right to insist. So, what do you do?

There are serious reasons why you might want to avoid testifying. For one, this could be your first time speaking publicly, and you might come off nervous or unprepared—like a deer in headlights. Prosecutors are skilled at asking trick questions designed to make you look guilty, foolish, or both, no matter how you answer.

Once you take the stand, prosecutors can dig into your past, even if your previous run-ins with the law are decades old. If you’ve got a criminal record, it will be brought up and used against you, no doubt about it.

In self-defense cases, though, it’s almost impossible to avoid testifying. If you have a competent lawyer, they’ll spend significant time preparing you, going over the kinds of questions the prosecutor is likely to ask. You should expect this preparation to take at least half a day, as it’s crucial you know exactly what to expect before you speak.

You also need to fully understand the charges against you and what the prosecution must prove. This is key to delivering an effective testimony.

When you do testify, look at the lawyer asking the questions, but direct your answers to the jury. The jury is who you need to convince, and they need to clearly hear everything you say. Remember, they are the ultimate decision-makers, so your testimony is for their benefit.

Stick to answering yes-or-no questions directly. If more explanation is needed, your lawyer will handle that during redirect. Never argue or show hostility toward the prosecutor. People who are argumentative often appear violent, and if you’re on trial for a violent crime, any display of aggression could severely damage your case.

Ultimately, when deciding whether or not to testify, trust your lawyer’s advice. They’ve heard your story and can assess whether or not your testimony will help or hurt your case. Let them guide you.