How Do I Prepare for Testifying in My New York Criminal Trial?

How Do I Prepare for Testifying in My New York Criminal Trial?

If you are a witness in an upcoming criminal trial in New York, preparing properly can help ease your nerves and allow you to provide clear and concise testimony. Here are some tips on getting ready to take the witness stand:

Understand Your Role

The first step is understanding why you have been called as a witness. The attorney who subpoenaed you believes your testimony is important for building their case. As a witness, your role is to answer the attorney’s questions honestly and to the best of your ability. Speculating or providing opinions is not required. Stick to sharing what you personally witnessed or know first-hand related to the case.

Review Key Documents

Ask the attorney who subpoenaed you to provide copies of any documents they may ask you about during testimony, such as police reports, medical records, photographs, etc. Review these closely so the details are fresh in your mind. Make notes of important points and create a timeline of relevant events.

Meet with the Attorney

Set up a meeting with the attorney prior to the trial date. This gives them a chance to prepare you by explaining courtroom procedures and going through likely questions. Be open about any concerns you have and double-check logistics like start time and location.

Conduct a Mock Examination

It can help to do a practice run of testifying with the attorney. Have them ask you questions similar to what the opposing counsel may ask on cross-examination. This allows you to practice giving concise, truthful answers while staying calm and composed. It also helps ensure there are no surprises once you are actually on the witness stand.

Know What to Expect in Court

If it is your first time testifying, the courtroom environment can feel intimidating. When it’s your turn, you will be formally called to the stand and asked to swear under oath that you will tell the truth. Understand that the opposing attorney’s questions on cross-examination may seem confrontational but stay focused on answering honestly. It’s always acceptable to ask for clarification if you don’t understand a question.

Dress Appropriately

You don’t need to wear a suit but dress professionally. For men, wear slacks, a button-down shirt and tie. For women, a dress or blouse and skirt is appropriate. Avoid flashy jewelry or accessories that could be distracting. You want the focus to be on your testimony, not your outfit.

Arrive Early

Make arrangements to arrive at the courthouse at least 30 minutes before you are set to testify. This ensures you have time to get through security, locate the right courtroom and meet briefly with the attorney. Being rushed or late will only increase anxiety levels right before testifying.

Do Not Discuss Your Testimony

Once you take the stand, the judge will order you not to discuss the contents of your testimony with anyone until the trial is over. That includes not talking about it with other witnesses or over social media. This avoids even the appearance of trying to align statements or sway opinions.

Tell the Truth

Above all else, understand the serious nature of testifying under oath. Answer every question asked of you as honestly and accurately as possible. Admit if your memory of certain details is fuzzy or unclear. Perjury charges for lying on the stand can result in fines or jail time.

Practice Self-Care

Recognize that being involved in a court case and testifying can impact emotional well-being. Make time for healthy stress relievers like getting enough sleep, eating nutritious meals, exercising or meditating. Talk to supportive friends and family about what you’re going through.

Preparing mentally and understanding courtroom formalities helps take some of the fear out of testifying. Lean on your attorney’s experience to ready yourself to take the stand. Stay focused on being as helpful and truthful a witness as possible to support the legal process. With practice and keeping perspective, you can get through this challenging situation.

Resources

• Tips for Testifying in Court – Reddit thread with first-hand experiences
• What to Expect When You’re Called to Testify – Article overviewing logistics of being a witness
• Preparing for Court Testimony – YouTube video with advice from a legal expert