You have the choice to testify as a defendant in a criminal case. Your lawyer will probably tell you not to.
If you just can live with yourself if you don’t get to tell your story, you can ask to testify. Your lawyer will want to put it on the record that he advised you not to testify, but you are choosing to do so anyway.
He can ask the Judge to step off the bench and approach the court reporter with the prosecutor and tell the reporter that he has advised you not to testify. However, you wish to exercise your right to speak in your defense and put your testimony on the record.
On the other hand, there are some times when your lawyer will want you to testify. For example, to explain and injury, physical condition, or illness.
You can also testify about your intention not to refusal a chemical test. This can be done at a hearing on an appeal of the administrative license suspension.
The fear of a defense attorney when a defendant testifies is what they might say upon cross examination by the prosecutor. It can ruin a case that otherwise appears to be going well for the defense at a motion or trial.
Always speak to your lawyer before the hearing or trial about the pros and cons of taking the stand. Remember that you have a right to testify, but your lawyer will be in a better position to give you advice about whether the benefits will outweigh the risks.
And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – give our office a call at 513.333.0014….24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a former police officer and two former prosecutors to work….for you!