Testifying In Court And Pleading The Fifth In Your Criminal Case: 2 Major Topics To Understand
If you were charged with a crime and are preparing for your trial, your criminal law attorney will talk to you about many things. Two of these things will be whether or not you should testify in the case, and if so, how you can use the Fifth Amendment in court to protect yourself. These are two big issues you should thoroughly discuss with your lawyer so you can determine what you should do for your upcoming criminal trial.
Should You Testify In Court?
There are many criminal cases in which the alleged criminal never gets on the stand and testifies. The Fifth Amendment of the Constitution gives people certain rights, and one of these rights is to not testify at their own criminal trial. A lot of alleged criminals will use this right for a number of reasons, but a common reason is because testifying simply may not help his or her case in any way.
Getting on the stand at any criminal trial can be an intimidating experience, but this is especially true when it is your own trial. The prosecution may bring up things from your past, and you will be required to answer the questions posed to you in most cases.
While most alleged criminals do not testify, there are times they do, but this is not something you should decide on your own. If you really believe that testifying would help your case, discuss this with your attorney. If your attorney agrees, he or she will prepare you for this. This will include learning how to act, what to say, and what to do if you do not understand the questions. You should never take the stand without being properly trained to do this. In addition, your lawyer should teach you how to use the Fifth Amendment to your benefit if you do decide to testify.
How Can You Use The Fifth Amendment For Protection?
The second right the Fifth Amendment gives you is the right not to answer a question if it would incriminate yourself. In other words, if the prosecutor asks you a question that would cause you to admit guilt to the crime, you have the right to "plead the fifth." This means that you do not have to answer the question. The judge has the right to overturn your decision to use the fifth, though, if he or she feels that the question is valid and legal.
The point of a criminal trial is for the prosecution to convince the court that you are guilty of the crime you are on trial for. You and your defense team will have the duty of trying to prove that the prosecution is wrong about this, and they will try to persuade the court that there is enough reasonable doubt with the facts.
If your testimony will not offer any benefits to your case, there is no point in taking the stand. You should also keep in mind that taking the fifth can cause a court to suspect you are guilty, even though you did not admit any guilt in the situation.
If you are facing criminal charges, hiring a good criminal law attorney should be your first step. Your attorney will help you prepare for your trial, and he or she will be able to help you decide whether or not you should take the stand. To learn more, contact a criminal law firm in your area today or visit sites likehttp://www.darksidelawyers.com.