Take the Stand at My Trial
A person suspected of committing a crime does not have to testify in court in order to protect their Fifth Amendment right not to incriminate themselves. A person’s unwillingness to testify may in no way be held against them or used to assume guilt. However, just because a defendant seems to be capable of testifying, this does not necessarily mean it’s a sound strategy. Criminal defense lawyers frequently advise their clients not to participate in trials. Here’s the reason why.
Anxiety May Be Mistaken As Guilt
A criminal trial may be stressful psychologically, specifically when so much is hanging in the balance. When on the stand, many offenders experience difficulties coping with the stress of trial and act uneasy or annoyed. Even if the defendant is innocent, the court may misinterpret nervous mannerisms as proof of wrongdoing and use it against them in order to get a conviction.
Most people accused of crimes have no prior experience appearing in court, unlike police officers who have been prepared to do so. The questions raised during examination and cross examination are frequently difficult, and even a small mistake could result in the conviction of someone who is actually innocent.
Taking the Stand Is Never Mandatory
It’s a frequent misunderstanding that accused persons must testify in order to give their side of the story. Many persons who are innocent under Massachusetts law believe that if they simply go to trial and answer truthfully, everything will work out.
However, prosecutors are on the lookout for a target to convict. To persuade a jury to vote guilty, the facts do not have to fit together perfectly. They simply must remove doubt. If you don’t testify, though, it’s far more difficult for prosecutors to twist your comments against you and construct a false narrative.
It’s Also Usually Not Needed
In actuality, your statement will have little influence on the outcome of your trial. In a Massachusetts criminal case, the prosecution must establish that you were without a doubt the one who committed the alleged offense. Usually, your defense counsel would challenge the quality of the prosecution’s evidence against you and the reliability of their witnesses in order to destroy their case.
Criminal Defense Lawyer Thomas Kokonowski is standing by to assist you. Call for your consultation now at 774-561-2689. Serving all of Cape Cod, Orleans, Eastham, Chatham, East Harwich, and surrounding areas in Massachusetts.
