If it is at all possible, I try not to put a defendant on the witness stand in a criminal trial. The reason is that the defendant is, theoretically, presumed innocent; accordingly, I prefer not to subject him or her to cross-examination.
I have previously alluded to the difficulties of preparing an average citizen who has little or no experience as a witness. For the most part, all of those difficulties can be avoided by the simple tactic of trying to create a reasonable doubt in the people’s case without the use of any witness, even the defendant. As a general rule, I must believe the situation to be desperate before I am willing to put a defendant on the witness stand. I usually argue to the jury that by the defendant’s plea of not guilty, he or she has decided that the prosecution’s case does not reach the level of proof beyond a reasonable doubt.
Regardless of involvement in testimony, it is necessary for a client to be present at a trial in any criminal case. In addition, I usually instruct the defendant to come to court neatly dressed and well-groomed. Furthermore, I suggest to him that he sit alertly at counsel table and not slouch or let his head bow just because some damaging evidence has been produced in court. Neither do I want him to exhibit anger. A poker face is usually the preferred posture.
