Legal Question in Criminal Law in California

Defendant's Testimony

In a criminal case, if a defendant desides to testify, will he or she be most like be the first witness on behalf of the defense? Why or why not?

I cannot find anything about the defendant's testimony position anywhere. Please help.


Asked on 10/21/02, 12:20 am

2 Answers from Attorneys

Neil Newson Neil C. Newson & Associates

Re: Defendant's Testimony

Trial strategy is dictated by many variables and the thoughts of each attorney. Often if the defendant is a very credible witness you may want he or she to be the first or last witness. First if there are others to bolster the defendant's testimony, last if the testimony stands alone but is consistent with the previous witnesses. Your lawyer will have to decide as the trial progresses.

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Answered on 10/21/02, 10:10 am
David Diamond Diamond & Associates

Re: Defendant's Testimony

There is no set position for a defendant's testimony. Your attorney should take into consideration all the other witneses and decide where to place you.

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Answered on 10/21/02, 11:08 am


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