You have the choice to testify as a defendant in a criminal case. However, most lawyers will advise against this. Reason being, you are subject to cross examination by the prosecutor who is not confined to the scope of direct examination.
This can be detrimental to your case. The prosecutor will ask leading questions that will incriminate you. That means they will ask you questions that require a yes or no answer. For example, they may ask you “you admitted to drinking didn’t you?”, “You have been convicted of OVI before haven’t you?”, and “You were at your favorite bar drinking, weren’t you?”.
So, you can see the fear a defense attorney faces when a defendant testifies. 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/OVI in the Akron Area – including: Stark, Summit or Portage Counties – give our office a call at 330-564-1126….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 three former prosecutors to work….for you!