Witness Guidelines

I am not sure that I will recommend that you testify. I make that decision after I hear the States evidence. The final decision as to whether to testify is always yours, though I would suggest that you trust me as I have much experience in these matters. If you do testify there are some absolute unbendable rules:

1. Tell the truth. Never lie or speculate as a witness. Tell the truth even if it hurts your case.
2. I will be responsible for handling the case. Your only responsibility is to be entirely and completely honest.
3. Answer the question first. If you don't know the answer that's a fair answer as long as its true.
4. Explanations come after answers. The less you explain the better I like it. The more you talk the less I'm in control. The less I'm in control the worse your case will turn out in the end.
5. Do not respond to argumentative or insulting questions in an argumentative or insulting manner. Your task is to remain calm, cool and collected and to be someone that everybody knows is telling the truth. Maintain a level head, even in difficult circumstances, and you win the game.
6. Look the person who asks the question directly in the eye and answer the question. Answers to questions are yes, no, maybe, I'm not sure, I don't know. Explanations come after answers. I prefer that you not explain unless it is absolutely neccessary to do so. If you do explain, explain as briefly as possible. If we need further explanation I will certainly ask you to do that.
7. Let me decide what is important. I know that at times people feel put upon by the police or the system and feel that they have been wronged. The best time to reveal your anger with the system is not during your testimony in a criminal trial. Stay completely on topic and only talk about things that are important to your case at this time. Your other concerns can be addressed at another time and in other forums.
8. Don't look at me for help, don't fidget, don't look away from the questioner for any reason. Answer by looking them directly in the eye and only look away when you are completely finished talking.
9. Try to avoid crossing your arms or legs while you are sitting in the witness chair. The best and most truthful posture that a person can adopt is open. When you cross your arms you look as if you are hiding something or being dishonest, and how you look is how you are perceived in many cases.
10. Listen carefully to each question. Do not anticipate questions and do not read things into questions that are not asked. If you don't understand the question ask to have it repeated and then give a careful and thoughtful answer. If you realize your answer was wrong correct it immediately. If you realize your answer was unclear clarify it immediately.

11. If someone says objection stop talking immediately even if you are in the middle of a word or the middle of a sentence. The most important thing we do as witnesses is to keep the judge happy. The judge has control of the courtroom and expects you to obey him or her quickly and without question. I will be sure to let you say what you feel is important if I feel that it is relevant to your case. If it is not relevant we will discuss it later. After the objection the judge will rule: 1) that the objection is sustained which means you can't say what you were going to say or 2) that it is overruled which means you can answer. In either case feel free to ask what to do after the conversation between the judges and the lawyers.
12. If the judge interrupts you stop immediately and ask for direction once the judge has finished speaking. Never interrupt a judge or an attorney.
13. Do not answer a question with a question. If you can not fairly answer a question, say "I can not fairly answer that question because....." and very briefly explain why you can not answer that question.
14. If you are asked a question that you do not want to answer and no one objects you must answer the question. This is the peril of being a witness. When questions are asked you must answer them truthfully and completely.
15. If you are asked if you have been over your case with anyone, the answer to that question is yes. Of course we have prepared your case and prepared your testimony. Only a foolish attorney would put on a witness unprepared. You should not be embarrassed about your preparation and should freely admit that you are nervous and uncomfortable on the witness stand.
16. Some questions are designed to test your truthfulness. They will be easy: tell the truth. Answer the question as honestly as you can and these questions will fail to elicit dishonest testimony and to discredit your other testimony. Don't answer the question you thought you heard, answer the question that was actually asked.
17. You may pause before you answer to collect your thoughts. If you can answer without pausing, do so. A careful answer is much preferable to a quick, incorrect, unconsidered answer.
18. You will likely be asked a question like this "In the last 10 years what have you been convicted of that carries a sentence of 90 days or more in jail?" If the answer is nothing then that is what you should answer. If you have been convicted of things but you are not sure of the time that you could have spent in jail, ask me before you testify. If your record is lengthy then give a quick summary of it and say if you are not sure of the time that you could have spent in jail for these charges. I don't think those questions or your answers are effective in discrediting your testimony unless you lie about your record.
19. Don't try to be more clever than I am. Though that would be easy, the goal for you is to be and appear honest, forthright and straightforward. My goal is to win your case. If you achieve your goal, it will more likely that I will achieve mine.

Remember you have entrusted me to handle your case. I will do so to the best of my ability. You are not in charge of the legal aspects of your case so don't over think them. Your job as a witness is to be honest and truthful, forthright and candid. Focus on those goals and you will be an asset to the case.

Sample Cross-Examination Questions that The Prosecutor May Ask