Fifth Amendment protection against self incrimination

Filed under: Criminal Defense — Tags: Fifth Amendment, self incrimination, testify — markj @ 7:00 am

If you have been arrested for committing a crime, during your trial, you will have the option to testify in your own defense. However, you are not required to testify. So what should you do? Read on to find out some of the pros and cons of testifying in your own defense and other information that may help you better understand what decision to make.

The Fifth Amendment to the United States Constitution keeps you from having to testify in your own trial. The protection afforded by the Fifth Amendment may not make sense when considering someone who is guilty of a crime, because to some it may seem reasonable that a guilty person should have to testify about what they have done. But we must keep in mind that the protection offered by the Fifth Amendment applies to the innocent person as well, who if put on the stand might misspeak in a manner that provides the prosecution with incriminating evidence they can use to strengthen their case. And as all people on trial are innocent until proven guilty, the right not to incriminate yourself afforded by the Fifth Amendment is given to all defendants.

If you choose to testify in your own defense, it can provide a benefit in that you will have the opportunity to tell your side of the story. Your testimony may be the only way that an accurate perspective of the events that took place can be related to the court. This can be especially helpful in your defense in cases where the physical evidence or other facts may lead your attorney to believe that you are more likely to be found guilty rather than not guilty. In addition, your testimony may be useful in explaining away certain aspects of the case in a positive manner that may otherwise appear negative when viewed on its own.

However, choosing to testify in your own defense can have its pitfalls as well. While taking the stand may allow you to give your unique perspective, it will also give the prosecution the opportunity to question you. You cannot choose to answer only your attorney’s questions while not answering the questions of the prosecution, so you will need to be prepared to divulge whatever information the prosecution may seek to learn. In addition, it is not unusual for people to be nervous when they take the stand, even if they have nothing to hide and are innocent of any wrongdoing. But this nervousness can be interpreted by the court as guilt or dishonesty and it can lead to the defendant making a mistake in what he says.

In the end, if you want to testify in your own defense, you should speak with a criminal defense attorney first, as giving up the protection offered by the Fifth Amendment should no be done lightly. While there are instances where your testimony may be of benefit in your defense, the negative aspects of a defendant taking the stand in a trial generally outweigh the positive aspects. A criminal defense attorney will be able to evaluate your specific case to determine if testifying is in your best interest.