The U.S. Constitution and the Maryland Constitution protect criminal defendants from self-incrimination. Specifically, no person can be compelled to testify against themselves. This is often called “taking the Fifth,” which is a reference to the Fifth Amendment to the U.S. Constitution. If you have been accused of a crime and charged, one reason for hiring experienced and tough Maryland criminal defense attorneys is to obtain legal counsel about whether or not you should take the stand and testify at your trial. Call us here at the Law Office of Robert Castro at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland, and are available 24/7. We are Maryland criminal defense lawyers.

Whether a criminal defendant should take the stand at trial and testify depends on the facts of the case and how the criminal defense is structured.

The “danger” is not so much in the direct testimony that will be provided to the jury, but rather in the cross-examination that will be conducted by the prosecuting attorneys. Depending on the case, there may be reasons to avoid that cross-examination. For example, the defendant may have a criminal past that can, under some circumstances, be discussed during cross-examination. As another example, during the direct testimony, a defendant may say something that allows the prosecutors to ask about facts that have been held inadmissible by the judge. In another case, a Maryland criminal defense team might deem it best to avoid having the defendant testify because of the defendant’s personality. The defendant might be too talkative, too angry, or too prone to emotional outbursts. Some of these can be detrimental to a criminal defense even if no “bad facts” are elicited during the testimony. Sad to say, but sometimes juries convict a defendant just because they do not like the defendant.

When the prosecuting attorney’s case is deemed “weak,” it is another circumstance where it is generally best not to testify. In the U.S. and Maryland, the burden of proof is on the prosecutors to prove guilt. That is the principle of “innocent until proven guilty.” Where the prosecutor’s case is weak, there is nothing to be gained by testifying. For example, if the prosecutors cannot prove a necessary element of their case, then the defendant should not testify. Among other things, the danger is that the defendant will provide evidence related to the missing element. It is important to never help the prosecution prove its case.

It should also be noted that there is no “down side” to not taking the stand and testifying. In Maryland, juries are NOT allowed to use a defendant’s failure to testify as some proof or inference of guilt. Moreover, a criminal court judge must give an instruction to the jury to that effect, if asked, making it clear that the defendant’s non-testimony cannot be used as evidence of guilt. The Maryland pattern jury instruction also emphasizes that the prosecutors have the burden to prove guilt beyond a reasonable doubt.

Contact Waldorf, Maryland, Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.