ABA Family Legal Guide

Criminal Justice

Court Procedures

Witnesses

Should I take the stand in my own defense?

You should listen to your lawyer's advice, but the final decision regarding whether to testify is yours. Many defendants do not testify. The judge will instruct the jury not to hold it against you if you do not testify because the Fifth Amendment gives you the right not to incriminate yourself.

Many defendants feel that they should testify because they are innocent and have nothing to hide. A defendant should bear in mind that he or she will be subject to tough cross-examination from the prosecutor. For instance, if you take the stand, the prosecutor may ask you whether you have had any prior felony convictions. You must answer truthfully. If you do not take the stand, no one will reveal such information to the jury.