602-900-6642 Virtual Consultations

54+ Five-Star  Google Reviews

“Great Attorney! Hands down affordable payments. He was quick and responsive and very informative, got my charge which I would be facing jail time reduced to reckless driving and a fine...”

5.0
J.S.

54+ Five-Star  Google Reviews

“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”

5.0
S.N.

54+ Five-Star  Google Reviews

“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”

5.0
D.G.

54+ Five-Star  Google Reviews

“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”

5.0
Joshua Black, Attorney

54+ Five-Star  Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don't see very often these days.”

5.0
Brandon White, Attorney

54+ Five-Star  Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”

5.0
Josephine Hallam, Attorney

54+ Five-Star  Google Reviews

“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”

5.0
Kristopher Califano, Attorney

54+ Five-Star  Google Reviews

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”

5.0
Allen Hsu, Attorney

Resoures

Future First Criminal Law

Working Hours

Office Hours: 8am-5pm
Contact us by Phone or
Email 24/7

Social Profiles

Download PDF version

6 FACTORS TO CONSIDER IN DECIDING WHETHERTO TESTIFY AT YOUR CRIMINAL TRIAL

 

No person “shall be compelled in any criminal case to be a witness against himself.” This is the Fifth Amendment privilege against self-incrimination. It means that you cannot be forced to take the witness stand during your criminal trial; instead, you may choose to remain silent. Although conventional wisdom suggests that remaining silent is the wise choice in most cases, there are several factors you should consider in deciding whether to testify.

1. Your testimony may bolster your defense.

If you are claiming self-defense, or entrapment, or that you acted in good faith, you may want to testify. These and similar defenses are more likely to carry the day when the defendant testifies. This is especially true if you have a credible explanation for your actions, and you have no prior criminal record.

2. Human nature: Jurors will want to hear from you.

As a general rule, jurors want the accused to take the stand and defend himself. This cuts both ways, however, as jurors tend to view the defendant’s testimony with skepticism, knowing that his liberty is at stake.

3. You are innocent until proven guilty beyond a reasonable doubt.

In every criminal trial, the defendant is presumed innocent, until proven guilty. To put it another way: You do not have to prove your innocence; the prosecution has to prove your guilt, beyond a reasonable doubt. Accordingly, if the prosecution has failed to meet its burden of proof, or your attorney has created a reasonable doubt through his cross-examination of the prosecution’s witnesses, then you should probably remain silent.

 

Google54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don't see very often these days.”

5.0
Brandon White, Attorney

Experienced Phoenix Domestic Violence Attorney

Our mission is to help keep good people out of jail by balancing the criminal justice playing field so that each of our clients has a fighting chance to achieve realistic outcomes for their individual legal situations.

4. Your silence cannot be used against you.

The law forbids the prosecutor from commenting on your silence. In addition, the court will instruct the jurors that they may not draw any negative inferences(including an inference of guilt) from your silence.

5. Cross-examination is not for the faint of heart.

While there are few certainties in a criminal trial, you can be certain that the prosecutor will go after you on cross-examination. He will use every tactic available to him to undermine your credibility and poke holes in your testimony. It is the rare defendant who can withstand this type of grueling questioning.

6. Your testimony may overshadow other evidence in the case.

If you choose to testify, your testimony (and your credibility) will be the trial’s main event. If the jury does not believe you, they will convict you, regardless of the weaknesses in the prosecution’s case; or the strength of other evidence presented in the case; or the judge’s instructions about reasonable doubt.

KNOWLEDGEABLE PHOENIX DOMESTIC VIOLENCE ATTORNEY

We help keep GOOD people out of jail — Future First Criminal Law is your top choice for competitive criminal defense and DUI law firms. Our practice is limited to a small number of criminal defense clients to best devote all of our time and attention to EVERY client’s needs. We understand that your future is at risk and our team will work diligently to develop an unwavering defense in court.

Clients Are Our #1 Focus
Serving The State Of Arizona With Offices In Phoenix & Glendale
Dedicated To Criminal Defense
We Educate & Advocate
Request A FREE Consultation
Payment Plans Available

Have you been involved in domestic violence? Contact an attorney today to protect your rights and freedoms. They can help you gain an understanding of the criminal defense legal process and learn about the options available to you. Create a thorough defense strategy to give you your best chances — Schedule a free consultation.

Find The Right Phoenix, AZ Domestic Violence Attorney For Your Case

If you need a domestic violence attorney in Arizona, Look for an experienced criminal defense law firm that can dedicate all of their time and resources to helping clients with criminal charges. Find a knowledgeable domestic violence attorney who is willing to educate and advocate through every step of the legal process. Future First Criminal Law will get to know your case and develop a strategy that will work best for you. Request a free consultation today.

54+ Five-Star  Google Reviews

“Great Attorney! Hands down affordable payments. He was quick and responsive and very informative, got my charge which I would be facing jail time reduced to reckless driving and a fine...”

5.0
J.S.

54+ Five-Star  Google Reviews

“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”

5.0
S.N.

54+ Five-Star  Google Reviews

“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”

5.0
D.G.

54+ Five-Star  Google Reviews

“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”

5.0
Joshua Black, Attorney

54+ Five-Star  Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don't see very often these days.”

5.0
Brandon White, Attorney

54+ Five-Star  Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”

5.0
Josephine Hallam, Attorney

54+ Five-Star  Google Reviews

“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”

5.0
Kristopher Califano, Attorney

54+ Five-Star  Google Reviews

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”

5.0
Allen Hsu, Attorney