Legal Question in Criminal Law in Virginia
Giving Testimony
I am representing myself in court as the defendent. When it is my turn to testify, should it be done in a narrative form or do I have to ask and answer questions that I give myself?
1 Answer from Attorneys
Re: Giving Testimony
In order to prevent yourself from looking foolish as a pro se defendant, you will want to avoid asking and answering your own questions. A better approach(assuming you have no other witnesses to call to testify in your behalf in what's called your case in chief) is to present a credible opening statement to the trier of fact, and then try your case through your careful and astute cross examination of the Commonwealth's witnesses, and then, when the opportunity is appropriate, give your closing argument, summing up your arguments for acquittal with appropriate emphasis on your defense case's strengths and the corresponding weaknesses in the Commonwealth's case for a guilty verdict. This approach eliminates your need as a defendant to put on what's called your case in chief and the spectacle of attempting to ask and answer your own questions. However, if you do have witnesses who
could credibly testify in your behalf, then, of course, you will want to put them on in your case in chief after the Commonwealth has finished presenting its case-in chief.
You likely would be well advised to hire a criminal defense counsel for a couple of hours of his or her time who could very likely give you a nunber of useful pointers on your case in particular and show you how you might fine tune your arguments and your presentation in general in order to increase your chances of winning.
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