Should I Take the Stand In My Criminal Case?
Most seasoned lawyers actively discourage their clients from taking the stand in their criminal cases, despite what you may see in movies and on television. It’s unnecessary for the defendant to give a statement and doing so may open up more opportunities for the prosecution to weaken your case or make you appear guilty in front of the jury. Here’s how to get the legal assistance you need fighting criminal charges.
It May Be Dangerous to Be Cross Examined
If you take the stand to testify in your criminal case, this means that you are also subject to what is known as cross examination. Being cross examined can hurt your case if the prosecution is able to ask you questions that get you upset or flustered, regardless if they have very little evidence to prove their claims.
You Don’t Need to Make a Claim of Innocence
You don’t need to make a claim of innocence when you go to court to defend yourself against criminal charges, contrary to popular belief. Under the law, you are presumed innocent of the crimes you are accused of until the prosecution brings forward enough evidence to convict you beyond a reasonable doubt. For this reason, it’s usually not necessary for a defendant to testify to prove their innocence.
The Jury’s Perception of Who Has the Burden of Proof May Change
That said, jurors may still think that the defendant should actively provide evidence that they’re not the perpetrator of the crime they’re being accused of. This is often the case when a defendant offers testimony in their own defense, and it can be detrimental to your chances of a successful verdict.
Another Helpful Defense Strategy to Use Instead
A more successful defense strategy against being accused of the crime is to weaken the prosecution’s case. By omitting evidence from court, jurors will have a more difficult time proving that you committed the offense beyond a shadow of a doubt. For example, evidence obtained during an illegal search is likely dismissable.
Arrested for a Crime? A Maryland Criminal Defense Lawyer Is Your Best Defense
Waiting to get legal help after being arrested and charged with a crime can cost you your future. You need experienced advocacy to ensure that your rights are protected at all times during the Maryland criminal process. Contact Britt Criminal Defense for your initial consultation to discuss your case details now at 443-944-5705.