Before choosing a lawyer, ask for written information about the
lawyer's legal qualifications and experience.

BASIC RULES FOR TESTIFYING:

  • Be sure you understand the question before you answer. It is impossible to give a truthful and accurate answer to a question unless you understand the question and can hear it. If at any point you can not hear or understand a question, then please ask the lawyer to repeat it.

  • Always take your time and think about the question prior to giving an answer. Do not blurt out answers. If it is necessary to collect your thoughts prior to answering the question then take the time to do so.

  • Do not be afraid to tell the prosecutor you do not recall something if that is a truthful answer.

  • Do not guess at an answer or assume something had to be a certain way. Again, if you do not know the answer to a question then just be straightforward with that answer.

  • If the answer to the question is a simple "yes" or "no" then use those words. If your answer requires some explanation then request permission to give the explanation: If it is denied by the judge then it will be covered on re-direct.

  • Be courteous. "Yes sir," "Yes ma'am," "No sir," and "No ma'am" answers are acceptable responses even during cross examination

  • During cross examination do not look to the defense attorney for help.

  • If the prosecutor assumes a fact during the question or wants you to admit something that is not true or the way it was remembered you do not have to accept his version. Politely tell him that he is wrong or simply respond "no sir" or "no ma'am" to an "Isn't it true" type of question that's not.

  • Do not argue with the prosecutor. They have a right to question you. Remain polite throughout your responses.

  • Keep your cool. A cool head will win the day. The jury will side with the witness more times than not if the debate gets heated.

  • Talk to the jury from time to time. You and the jury are the only normal people (non-lawyers, judges, etc) in the whole courtroom. Don't be afraid to look at them during your testimony.

  • Be serious. Do not joke or kid around with your answers. Never answer a question by asking a question back.

  • Maintain good posture. Avoid moving around or any nervous mannerisms that might be perceived as nervousness.

  • If you make a mistake correct it as soon as possible. Acknowledge your error in a forthright manner. The jury will respect you for it.

  • It is perfectly acceptable to qualify answers. It is always beneficial to offer a reason for remembering specific numbers and times if one exists.

  • If the prosecutor asks you if you have talked to the attorney about your testimony, just tell the truth. There is absolutely nothing wrong with that and the judge will tell the jury in the jury instructions. A suggested response to that question might be "He just told me to tell the truth as best I remember it."

  • Don't look to the defense counsel for help.

  • If there is an objection, STOP TALKING and wait for a ruling from the judge.

  • Dress appropriately for court.

  • TELL THE TRUTH!
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