The Law Office of Blackie Burak

Preparing the Jury for Your Decision Not to Testify


Napa-County-Creek-DUI-attorney3-300x199The Walnut Creek DUI law firm that represents you can explain that you have the choice to testify or not to testify during your DUI trial. There may be several reasons why you and your Walnut Creek DUI lawyer may believe that it is best that you not testify. For example, the prosecution may be able to tell the jury about other crimes that you have been convicted of if you confess, which can taint its perception of you. Another reason that you may choose not to testify is because you do not want to incriminate yourself. If you know that you will not testify, this issue may be handled at the outset of your case.

Jury Selection

The Walnut Creek DUI law firm that represents you will want to deal with this issue quickly. Your lawyer will wish to discuss this issue with the jury during voir dire in order to determine if this information creates a preliminary judgment in the jurors’ minds or a bias against you.

Potential Juror Questions

In order for the the Walnut Creek DUI law firm that represents you to uncover this potential bias, your attorney may ask jurors some of these questions:

  • Juror X, what is your opinion about a defendant who chooses not to testify?
  • Juror Y, do you believe with Juror X?
  • Why do you think an innocent person would choose not to testify in a criminal trial?
  • How would it impact your decision if an innocent person chooses to testify, even though the constitution says that he or she doesn’t have to?

If you would like to discuss this issue with an attorney, contact Blackie Burak at 1-866-BLCKDUI.

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About the Author

Professional & trustworthy DUI & Criminal Defense Lawyer Blackie Burak, Esq. defending your rights.