Testifying at One's Own Trial May Lead to Self-Incrimination

June 30, 2012

Testifying at One's Own Trial May Lead to Self-Incrimination

Defense lawyers agree it can be a game-changer when a client, who has been charged with a crime, testifies at his or her own trial. Allen Stanford, on trial in Texas for an alleged Ponzi scheme involving $7-8 billion in certificates of deposits, plans to testify on his own behalf and many believe that is a bad idea

The Fifth Amendment to the U.S. Constitution gives a person charged with a crime the right to refuse to answer questions or make statements that may be used to help convict that person of a crime or connect him or her to criminal activity -- self-incrimination. In other words, a criminal defendant cannot be forced to testify.

An individual may, however, choose to testify on his or her own behalf, waiving the right to "plead the Fifth." Accused of fraud, Stanford hopes his testimony will convince jurors in the federal case that he is not guilty of the numerous crimes for which he was arrested.

In a criminal case, the prosecution must prove beyond a reasonable doubt that the person charged with a crime is guilty. Many defendants believe that, by testifying, they can convince jurors that they are innocent. However, that is not always the case and sometimes the trial ends up turning into a question of whether the jury believes the defendant or not. Additionally, some defendants do not hold up well under cross-examination -- the part of trial when the opposing attorney asks questions -- and end up incriminating themselves.

Deciding whether to testify on your own behalf can mean the difference between an acquittal or conviction. If you have been accused of a crime, consult with an experienced lawyer who is knowledgeable about criminal laws and procedures. A legal professional will help you determine whether your testimony may be helpful or harmful in your case.

Article provided by Ellis & Ortega, LLC
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