Legal Question in Criminal Law in California

opening statement

What can a defendant that represents himself in a criminal case say/state or not say/state in an opening/closing statement? Such as telling the jury what the law is? or remarks against the DA.Is there a standard that the court has? Thank you.


Asked on 11/30/04, 7:49 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: opening statement

If you have time, get ahold of the videotape, How To Win In The Opening Statement by Gerry Spence of Trial Lawyers College. Basically you are only allowed to say what the evidence will show. Start nearly every sentence with "The evidence will show..." and you should be fine. You can also point out that 1) you, the defendant do not need to prove anything, 2) that the prosecution has to prove you guilty beyond a reasonable doubt; and 3) that they, the jury, are the sole judges of whether to believe, or not to believe, any of the prosecution's witnesses. That having been said, I believe you would be extremely ill-advised to represent yourself in any criminal matter (as just one example, most criminal defendants are better off exercising their right to remain silent).

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Answered on 12/01/04, 7:01 pm
Okorie Okorocha California Legal Team

Re: opening statement

The question is way too broad and most of it is within the discretion of the judge. Some judges allow you to do things others dont.

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Answered on 11/30/04, 11:55 pm


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