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How to Testify in Criminal Court: DOs and DON'Ts:

01 October, 2025

By Hans 'John' Kalina

1. Dress appropriately: Wear neat and conservative attire, similar to what you would wear to an interview. Avoid underdressing or overdressing as if attending a wedding.
2. Maintain good posture: Sit upright in the witness chair without slouching or leaning while testifying.
3. Testify with confidence: Answer questions confidently and straightforwardly. Do not look at the lawyer or judge for assistance in responding.
4. Speak openly and naturally: Communicate as you would with a friend or neighbor. Do not memorize your responses.
5. Ensure clarity in communication: Speak loudly enough to be heard clearly without needing repetition, and speak slowly enough to be understood. Do not cover your mouth or have anything such as gum or candy in your mouth.
6. Focus on the questions: Listen carefully to each question, answer it concisely, and then stop. Refrain from answering unasked questions or continuing to speak after providing your answer.
7. Seek clarification when needed: If you did not hear or understand the question, request for it to be repeated or clarified. Avoid giving answers that might be misinterpreted.
8. Take your time: Reflect on the question and your answer before responding. Do not allow the prosecutor to rush you.
9. Respond specifically: Address the question directly without asking the judge or lawyer if you must answer.
10. Admit lack of knowledge: If you do not know or remember, state "I don't know" or "I don't remember". Do not guess or provide answers based on hearsay (what other people have told you.)
11. Correct mistakes promptly: If you realize a mistake in your testimony, correct it immediately. Ensure any errors are addressed before leaving the witness stand, and do not hesitate to admit them.
12. Remain courteous: Treat the lawyers and judge with respect, avoiding any hostile or argumentative responses.

The Law Office of Kalina & Tejpal can assist with your criminal defence. Contact us at (416) 900-6999 or 1 (844) 268-6477.

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Tags: criminal court, testify, trial