How to Testify in a Criminal Trial: Expert Tips
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listIn this article
lightbulbKey Takeaways
- check_circleAnswer only what is asked
- check_circle"I don't remember" is valid
- check_circleLook at the judge
- check_circleBeware of perjury/false testimony
Quick answer
To testify well at trial, listen to the full question, answer only what is asked without giving unrequested explanations, admit "I don't remember" when it is true rather than inventing, look at the judge, and stay calm and respectful. The defendant does not swear to tell the truth and can invoke the right to remain silent, whereas a witness is obliged to tell the truth and lying exposes them to the offence of false testimony. The key is always to prepare the questioning with your lawyer, never to go in "to see what happens".
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No matter how right you are: if you testify badly, you will lose. Nerves, pressure from the prosecutor or one poorly worded answer can ruin the best defense. Here are 10 golden rules for testifying as a suspect (or witness) in a trial. Our specialist criminal lawyers can help you with your case.
Golden Rules for Testifying
1. Listen to the full question
Do not answer before they finish. Take 2 seconds to think before speaking. That is not hesitating, it is reflecting.
2. Answer ONLY what is asked
Do not give explanations nobody asked for. If the answer is "Yes", say "Yes" and stay quiet. The more you talk, the more chances you have to make a mistake.
3. "I don't remember" is a valid answer
It is better to say "I don't remember" than to invent a fact and then have it shown to be false. Lying is punished (or destroys your credibility).
4. Look at the Judge
Even if the lawyer asks the question, the answer is for the Judge. Look at him/her. Convey sincerity.
5. Dress appropriately
Image matters. You do not need a suit and tie if it is not your style, but you do need clean, discreet and respectful clothing. No sunglasses on your head, caps or T-shirts with aggressive slogans.
6. Be respectful
Address the Judge as "Your Honor". Do not get angry with the prosecutor (he is doing his job, which is to accuse you). If you are provoked, stay calm.
7. Do not contradict yourself
Go over your previous statement (the one made in the investigation phase) with your lawyer. If you change your version, you will be confronted with it.
8. If you are a Suspect: You have the right to lie (but don't do it badly)
The defendant does not swear to tell the truth. But a caught lie is worse than silence. It is better to invoke your right to remain silent on certain questions.
9. If you are a Witness: You are obliged to tell the truth
If you lie as a witness, you commit the offense of False Testimony (which carries prison time). Be careful.
10. Prepare the questioning with your lawyer
Never go in "to see what happens". You must know what we are going to ask you and which weak points the prosecutor will attack.
Tip
If you need water, ask for it. If you do not understand the question, say: "I have not understood the question, could you repeat it?". Do not answer at random.
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Frequently asked questions
How should I answer questions at trial?expand_more
Listen to the full question before answering, take a couple of seconds to think, and answer only what is asked, without giving explanations nobody requested. The more you talk, the more chances you have to make a mistake.
Can I say I don't remember?expand_more
Yes. "I don't remember" is a valid answer and is better than inventing a fact that is later shown to be false. Lying is punished or destroys your credibility, so when in doubt it is preferable to acknowledge that you do not remember.
Does the defendant have to tell the truth?expand_more
No. The defendant does not swear to tell the truth and can invoke the right to remain silent. A caught lie is worse than silence, so it is usually preferable to stay silent on certain questions rather than lie badly.
What happens if I lie as a witness?expand_more
A witness is obliged to tell the truth. Lying as a witness is the offence of false testimony, which can carry a prison sentence, so the utmost caution is required.
How should I prepare to testify?expand_more
Never go in "to see what happens": prepare the questioning with your lawyer, know what you will be asked and which weak points the prosecutor will attack, go over your previous statement so as not to contradict yourself, dress discreetly and respectfully, and direct your answers to the judge.
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