970 McHenry Avenue, Crystal Lake, IL 60014
Search
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in criminal testimony

Why You Should Not Testify in Your Criminal CaseWhen accused of a crime that you did not commit, it is human nature to want to tell everyone that you are innocent and explain why. However, it is almost always a bad idea to put a criminal defendant on the witness stand during his or her trial. There is too much potential for a jury to misconstrue your testimony, ultimately hurting your case. You are better served by making the prosecution prove the charge and letting the evidence speak for you.

Perception

Certain jurors may assume that your decision to not testify is a tacit admission of guilt, even though the court will instruct them to not make that assumption. However, testifying in court could do greater damage to your image. It is difficult to convincingly explain your innocence because your behavior will influence the jury more than your words:

  • Behaving nervously seems like you are trying to hide the truth;
  • Behaving emotionally makes you appear unstable, which is particularly bad if you are accused of a violent crime; and
  • Jurors could interpret a lack of emotion as you being cold and unfeeling.

Cross-Examination

You can practice how to answer questions that your defense attorney will ask you, but the cross-examination is the most dangerous part of testifying. Prosecutors will use the opportunity to ask you a series of tough questions in order to discredit your previous testimony or get you to unintentionally incriminate yourself. Their tactic is to wear you down with persistent and carefully worded questions until you:

...

Jail Informants to Face Tougher Vetting in Criminal TrialsIllinois has passed a law that puts greater restrictions on prosecutors using jail informants as witnesses in criminal trials. According to the law:

  • Prosecutors must disclose their intention to use a jail informant at least 30 days before a hearing unless they were unaware of the informant before that deadline; and
  • The court must determine the veracity of the jail informant’s testimony before allowing it to be entered as evidence.

The law previously required vetting of jail informants only in cases involving the death penalty, but Illinois abolished the death penalty in 2011. Advocates for the law argued that unreliable informant testimony led to wrongful convictions that were overturned decades later. There have been 19 such cases in Illinois during the past three decades, according to the National Registry of Exonerations.

Problems with Informants

A jail informant, also known as a snitch, is an inmate who allegedly heard the defendant make an incriminating statement and agrees to testify against him or her in court. Criminal defense attorneys will question the reliability of informants because prosecutors often offer incentives to informants in exchange for their testimony, such as:

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top