St. Paul Criminal Defense Attorney on Whether You Should Testify if You are Charged with a Crime
It is an age old problem and one that people charged with crimes have struggled with forever. Should I testify? What is the benefit, the upside? At the same time, if I do, what does this open me up to from the prosecutor? What is the actual downside? By the way, there absolutely can be downsides.
A good criminal defense attorney will have some advice based upon the theme of their case, what else is going on in the trial, what the prosecutor could use against you and whether it makes any sense. However, in the end, only you get to make that decision. Not the judge, the prosecutor or even your lawyer. It always comes down to you.
St. Paul Criminal Defense Attorney Jack Rice recently appeared on ABC News to talk about when people charged with crimes should and maybe shouldn’t testify. This conversation happened in the context of the Kim Potter murder trial and about Kim Potter’s decision to testify. As Jack put it,
“Kim Potter has no obligation to testify,” Rice explained. “Only she gets to decide — that's a protection for her. At the same time, the fact that they're already using this (talking about he taking the stand) during jury selection, I think what we saw from Judge Chu was she decided, ‘I’m going to step in now and make sure that Kim Potter understands that constitutional right and to make sure I get that on the record’ so nobody can make some claim down the road that it wasn't clear to her.”
Jack then discussed how the Court and presiding Judge address this issue. Judge Regina Chu made it clear to Potter that she could change her mind after the state rests its case. Remember, during trials in Minnesota, the state presents its case to the jury first. The defense follows.
Again, as Jack put it,
“I’ve had many instances like this where I actually thought I had a client who was going to testify,” Rice said. “Then it's my opportunity to put my client on the stand, I'll be back in a room and they'll say 'I don't want to.”
In the end, if you are going to testify, you need to know why and whether it is possible to get that same information before the jury a different way. If there isn’t, maybe testifying is the only option. In the end, sometimes, regardless of other considerations, the jury just wants to hear you say “I didn’t do it.” As Jack analyzed this question regarding the Potter case on ABC News, this was his conclusion,
“The argument that the defense has already been talking about through the first parts of jury selection is about mistakes happen, about second chances, about the idea and the fear and intensity of what it is to be a police officer out there in the street, and how people need to depend upon the police,” Rice said.
If you are facing serious criminal charged in Minnesota, St. Paul Criminal Defense Attorney and Board Certified Criminal Law Specialist Jack Rice is happy to sit down with you for a free confidential consultation. You can also call Jack Rice Defense at 651-447-7650 or 612-227-1339.