If you have been charged with a crime in South Carolina, you have the right to testify in your own defense at your trial. But, while you can testify at your trial, this does not necessarily mean that you should take the stand. Although testifying can help in some cases, it can also be very risky. As a result, before deciding to proclaim your innocence before the jury in open court, you need to seek the advice of an experienced criminal defense attorney.

As a Criminal Defendant in South Carolina, You Have the Right to Testify

As a defendant in South Carolina’s criminal justice system, whether you choose to testify is completely up to you. The U.S. Supreme Court has interpreted the Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution as guaranteeing defendants the right to testify if they choose to do so. As a defendant, you can also waive your right to testify—and this is one right that it will make sense to waive in many cases. As we discuss in greater detail below, you open yourself up to cross-examination by the prosecution if you testify. Various other concerns will make testifying on your own behalf ill-advised in many cases.

What are the Risks of Testifying at Your Own Criminal Trial?

In our experience, most people who want to testify in their own defense fall into one of two categories—either (i) they believe they are innocent and want to tell the jury the truth, or (ii) they are concerned that waiving their right to testify will make them look guilty.

However, several considerations go into deciding whether to testify, and the decision is not nearly as straightforward as it may initially seem. This is true, regardless of your innocence or guilt. For example, some of the risks of testifying at your own criminal trial in South Carolina include:

1. Jurors Might Think You are Lying

Even if you are 100% convinced that you are innocent, the jurors who decide your fate still might not believe you. Unfortunately, despite the protections built into the jury selection system, many jurors are still biased toward believing that someone who is on trial is more likely to be guilty than innocent. So, no matter how well you represent yourself on the witness stand, and no matter how compelling a story you tell, there is still a chance that members of the jury will question your integrity. If they decide that you are lying, then your decision to testify could end up harming your chances of avoiding a conviction.

2. Your Words Might Not Come Across as You Intend

Even if everyone on the jury believes you, your words might not come across as you intend. For example, you might think you are presenting an effective case for why you should walk free, but members of the jury might interpret your words differently. If you are going to testify, you need to be certain of what you are going to say, and you need to be as certain as possible that the jurors will understand and accept your point of view.

3. You Might Slip Up and Say the Wrong Thing

Testifying in court can be stressful even when you are simply a witness in someone else’s trial. When you face months or years of incarceration, taking the stand can be an extremely high-stress ordeal. As a result, in many cases, defendants slip up and say the wrong thing. They get nervous, flustered, or lose their train of thought, and they say things that they never intended to say. While some mistakes can be corrected, it will not be possible to erase what was said from the jurors’ minds in many cases.

4. If You Testify in Your Defense, the Prosecution Can Cross-Examine You

Finally, and most importantly, in many respects, if you choose to testify in your own defense, the prosecution will be able to cross-examine you on the witness stand. You cannot take the stand, answer questions from your attorney, and then refuse to answer the prosecution questions. You still have your Fifth Amendment rights – so you can still assert your privilege against self-incrimination if necessary – but this can potentially paint a very undesirable picture in the minds of the jury.

What are the Benefits of Testifying at Your Criminal Trial?

Knowing these risks, when might it make sense to take the witness stand during your criminal case? Depending on the specific circumstances involved, situations in which testifying can help improve your chances of securing a “not guilty” verdict at trial include:

• You Have an Unassailable Alibi – If you have a clear alibi, then it might make sense for you to take the stand and testify as to where you were and what you were doing when the alleged crime took place.
• You Made Self-Incriminating Statements to the Police – If you made self-incriminating statements to the police during or after your arrest, testifying could help clarify your prior statements and set the record straight.
• The Jury has Turned Against You – If your attorney has the sense that the jury is turning against you, then testifying on your own behalf could be a strategy for getting at least some of the jurors back on your side.
• The Prosecution’s Witnesses Lack Credibility – If the prosecution is primarily relying on witnesses’ testimony to prove its case, then challenging those witnesses’ credibility will likely be a key component of your defense strategy. If you can come off as more credible than the prosecution’s witnesses, then testifying could help to bolster this defense strategy as well.

Discuss Your Case with a Rock Hill, SC Criminal Defense Attorney

Are you facing criminal charges in South Carolina? If so, you must speak with a defense attorney immediately. To discuss your case with a criminal lawyer at our Rock Hill, SC law offices in confidence, call 803-328-8822 or request an appointment online now.

You can’t believe everything you see on television. While this is true for most types of movies and TV shows, it is especially true when it comes to crime dramas that depict fictionalized criminal trials.

However, these movies and shows have been around for decades; and, as a result, most people have some fundamental misconceptions about what it is really like to stand trial. If you have been charged with a crime in South Carolina, you need to separate fact from fiction, and you need to have a clear and accurate understanding of what you can expect in court.

Fact or Fiction: The Truth Will Prevail if You are Innocent.

Fiction: Innocent people get convicted all the time, and you need to defend yourself regardless of whether the allegations against you are true.

If you have been charged with a crime in South Carolina, you need to defend yourself. There are no exceptions. Even if you are 100% certain that you have not committed a crime, you must still fight to preserve your freedom and your future. The statistics on wrongful convictions in the United States are alarming, and you cannot afford to assume that the truth will prevail.

There is another important factor to consider here as well: Are you absolutely certain that you are innocent? While innocence can be painfully clear in some cases (i.e. if you were charged with murder and didn’t kill anyone), it isn’t always so easy to tell. The South Carolina Code of Laws establishes numerous criminal offenses; and, even if you don’t think you committed a crime, you need to make sure you are certain beyond a shadow of a doubt before you say something that could be used against you in court.

Fact or Fiction: The System Will Get You if You are Guilty.

Fiction: There are multiple ways to successfully defend against criminal charges even if you took all of the steps necessary to commit a crime in South Carolina.

Now, let’s look at the opposite scenario: You have no doubt that you committed a crime. You intended to commit a crime, you carried out the crime, and now you are facing the consequences of your actions. At this point, doesn’t the prosecutor’s office have an open-and-shut case?

Not necessarily. Even if you committed a crime, there are still multiple defenses you may be able to assert in order to avoid a conviction. Under the U.S. Constitution and South Carolina law, many criminal defenses have nothing to do with whether or not the defendant actually committed a crime. If the prosecutor’s office does not have the evidence it needs to prove your guilt (or if the prosecution’s evidence is legally inadmissible), then you are still entitled to an acquittal at trial regardless of the underlying facts of your case.

Fact or Fiction: You Can’t Be Convicted if the Police Didn’t Read Your Rights.

Fiction: It might be possible to have your confession or statement against interest kept out of your trial, and this might help protect you against a guilty verdict.

Under the U.S. Supreme Court’s decision in Miranda v. Arizona, state and county police are required to read your rights prior to conducting a “custodial interrogation.”If the police interrogated you in custody without reading your rights, then you may be able to assert this as a defense in your criminal trial.

However, the key here is that you need to assert this as a defense – no one else is going to do it for you. Additionally, even if prosecutors cannot use your own statements against you, they may still have enough other evidence to convince the jury to side against you.

Fact or Fiction: You Can’t Be Convicted if the Police Stopped or Searched You Without a Warrant.

Fiction: South Carolina police can lawfully conduct warrantless stops, searches, and seizures under various circumstances. If you were stopped or searched illegally, this might provide a defense.

The same basic principles apply if South Carolina or York County police stopped you or searched you without a warrant. While the police are required to obtain a warrant under some circumstances, there are many circumstances under which warrantless stops, searches, and seizures are permitted. If the police stopped or searched you illegally, you will need to raise this as a defense in order to have the illegally-obtained evidence excluded from your trial.

Fact or Fiction: You Can Request a Public Defender When You Go to Court.

Fact: While it is true that you can request a public defender when you go to court, you need to be able to prove that you are “indigent” in order to have one appointed to represent you

It is true that you can request a public defender and that all criminal defendants have the right to legal counsel; however, there are restrictions on who is actually eligible to have a public defender appointed to represent them. The state must determine that you are “indigent,” and going through this process takes time and effort that you could be devoting to your defense. It is also very possible that you will have to deal with various aspects of your case before a public defender is appointed. For these reasons, among others, it is strongly in your best interests to speak with a private criminal defense attorney.

Fact or Fiction: The Prosecutor’s Office has the Burden of Proof.

Fact: In all criminal cases in South Carolina, the prosecutor’s office has the burden of proving the defendant’s guilt “beyond a reasonable doubt.”

This one is absolutely true. In criminal cases, the prosecutor’s office must prove the defendant’s guilt beyond a reasonable doubt. You are innocent until proven guilty; and, if the prosecution cannot convince the jury of your guilt with near absolute certainty, you are entitled to an acquittal.

Speak with a Criminal Defense Lawyer in Rock Hill, SC

Are you facing a criminal charge in Rock Hill, SC? If so, we encourage you to contact us immediately to discuss your case. To speak with a Rock Hill, SC criminal lawyer at The Law Offices of Michael L. Brown, Jr. in confidence, call 803-328-8822 or request an appointment online now.