Whether a defendant or not, if you must testify as a witness in court over a criminal matter, it is important to conduct yourself responsibly. There are several things you should and should not do as a trial witness, especially since you can be held legally accountable for your actions, or lack thereof.
Continue reading to learn what you need to know about being a good witness, including who you should trust for legal guidance and support.
Criminal Defense Law Firm 317-636-7514
Be a Good Trial Witness
A witness in court could be an actual defendant, a field professional, or some other person somehow associated with the case. Regardless if you are facing the court as a defendant or individual witness, it is important to do your duty, respectfully and responsibly; the court and trial judge will expect this from you. If you fail to conduct yourself accordingly, you could face certain penalties, most of which are within the discretion of the judge themselves.
Here is what you SHOULD do…
Always take a subpoena seriously. Be sure to respond according to instructions, and within the allotted time period. Although subpoenas are usually prepared by the lawyers, a judge will be provoked, and potentially take a personal interest in you, if you ignore one.
Always be honest. Perjury is a felony, so be sure your testimony is truthful, intelligent, and non-misleading. If you are caught lying, you can face criminal charges for perjury. Furthermore, you must always be honest with your criminal defense lawyer. They cannot do their best to protect your interests if you are not entirely forthcoming with them about the information you have on case details.
Always take your lawyers advice. When it comes to discovery and preparation for depositions and trial, it is important to listen to the advice of your criminal defense lawyer. They will tell you how to conduct yourself during depositions and in the courtroom. Make time for your lawyer, and be available to answer their questions and discuss the case.
Here is what you SHOULD NOT do…
Do not make an attempt at humor or charm at any time. Also, do not explain yourself too much. Simply answer the question; do not try to make the interviewer understand your answer by explaining yourself. You also want to avoid distractions so that you can pay close attention to the trial proceedings. If you are asked a question that you do not have the answer to, never take a guess. In fact, you have the right to ask for any question to be restated or rephrased so that you better understand its basis.
An Indianapolis Criminal Defense Attorney You Can Trust
David E. Lewis Attorney at Law 317-636-7514