You have the choice to testify as a defendant in a criminal case. However, in my opinion, nothing good is going to come out of putting your client on the stand.
However, some people just have to get their story out. Your lawyer will want to put it on the record that he has advised you not to testify, but you are choosing to do so anyway.
There are some isolated times when your lawyer will want you to testify. For example, to explain and injury, physical condition, or illness.
You can also testify about your intention not to refusal a chemical test. This can be done at a hearing on an appeal of the administrative license suspension thus avoiding cross examination at trial.
The fear of a defense attorney when a defendant testifies is what they might say upon cross examination by the prosecutor. It can ruin a case that otherwise appears to be going well for the defense at a motion or trial.
When deciding whether to take the stand or not, you and your attorney must perform a cost / benefit analysis to determine if the reward outweighs the risk. It is a critical decision that must be thought about long and hard before deciding what is right for your case.
And remember, if you or a family member has been arrested for DUI in the Columbus Area – give our office a call at 614-827-2000….24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a former police officer and two former prosecutors to work….for you!