Let’s say you were charged with a robbery you did not commit. What would make you take the witness stand in your own defense, and what would keep you off the witness stand?
2006-12-08 19:16:54 · 9 answers · asked by smooches986 4 in Politics & Government ➔ Law & Ethics
Some attorneys have a rule that a client should generally not take the stand. Some attorneys feel that a jury wants to hear from the defendant. I think it depends. Some defendants have horrible records and these folks probably should not testify. Some defendants have no record, but make horrible, horrible witnesses.
Then there are some instances where the defendant is the only one who can get certain evidence in. Either the defendant tells his or her side of the story or the story goes untold and the prosecution's story is the only one that gets told. But, frankly, if that is the case, where there is a he said/she said situation, the defendant often loses. If it comes down to he said/she said, the defendant is just taking a gamble and perhaps the defendant should consider a plea bargain. On the other hand, if the attorney can attack the credibility of the prosecution's witnesses, then maybe it isn't such a gamble (but it always is somewhat of a gamble).
The answer to your question is: It depends. If this is the defendant's first felony and he is likely to get probation whether he goes to trial or not (remember they cannot give you prison just because you went to trial; it is your constitutional right to go to trial and they cannot mess with that), the defendant might consider going to trial. You never know what can happen. But if prison is a real possibility and the offer is probation, you may want to consider a plea bargain.
Robbery is a tough one, however, as even a first robbery often ends with a prison sentence (at least in California).
I don't know what I'd do if I were in that position. I'd look at the evidence. I'd recognize the fact that jurors are biased, racist, and prejudice and that juries tend to be whiter than the general population. I'd recognize that anyone who sits in the defendant's chair already has a high burden to overcome (despite what they say about innocent until proven guilty; Nice words, but meaningless in practice.) I'd ask my attorney (and, despite the fact that I am a felony criminal trial attorney, I would never represent myself and I would get some hot shot from San Fransisco or LA to represent me) about the circumstances of the case. The circumstances you mention are just too general.
Of course, I would always urge you to consult an attorney before making this deicion. They can get all the necessary info and help you through you decision.
2006-12-08 19:54:29 · answer #1 · answered by Erik B 3 · 0⤊ 0⤋
> Let’s say you were charged with a robbery you did not commit <
Wow, that would be easy! I have a job which requires me to be in constant contact with other employees on a daily basis. My exact whereabouts are always known precisely. I also have an active family/social life where I would have plenty of witnesses to say exactly where I was. It would be a great pleasure for me to take the stand in my own defense and totally DESTROY the State's trumped-up case!
2006-12-08 19:31:59 · answer #2 · answered by robertbdiver 3 · 1⤊ 0⤋
In united statesa. we are harmless till ultimately shown in charge. The Casey Anthony trial is a stable occasion she does not could teach her innocence, the prosecutor has to coach {previous a shadow of a doubt) to the jurors of her guilt. If she is going on the stand she would be waiting to finally end up getting tore aside like the prosecutor is doing along with her witnesses. She could make the jurors in comparison to her, via twist of destiny, and then the trial is extra of a recognition contest quite of the jurors finding on the info The 5 th modification facilitates us the final to maintain silent - remember this and use it in lots of cases.
2016-12-11 05:24:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If I had accurate testimony on my side, another perspective to offer, and was being TOTALLY HONEST. Talk to your lawyer about options. Avoid 'Legal Aid' lawyers. They are in with the Crown Prosecution, or the D.A.'s office, if you're American. Dealmakers. Dealbrokers. Bunch of corrupt hooligans.
2006-12-08 19:46:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can testify in your behalf by narrating what happened to prove that you did not commit the crime.
2006-12-08 19:19:01 · answer #5 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
You have the consitutional right to take the stand and the consitutional right to not take the stand. The choice is up to you. It's easier to not take the stand if you can have someone vouch for your alibi.
2006-12-08 19:18:55 · answer #6 · answered by El_Nimo 3 · 1⤊ 0⤋
don't represent your self use an attorney!!! make sure ur rigths arent violate. and dont worry if theres not evidens then tour fine!
2006-12-08 21:04:22 · answer #7 · answered by MINIME 1 · 0⤊ 0⤋
I would ask my lawyer for that kind of advice.
2006-12-08 19:22:15 · answer #8 · answered by Anonymous · 1⤊ 0⤋
i would take the advise of my attorney. that is why they get the "big bucks"!
2006-12-08 19:24:18 · answer #9 · answered by Anonymous · 2⤊ 0⤋