Should You Testify?

Sometimes you’re the best witness. Sometimes you’re the Crown’s dream. Know which one you are.

What testifying actually means

If you testify, you’re promising to tell the truth, and then the Crown gets to cross-examine you. Cross-exam is not friendly. It’s designed to:

Make you look dishonest
Make you sound confused
Trap you into agreeing with their theory

If you get rattled easily or you talk emotionally, testifying can destroy your case.

When you SHOULD consider testifying

You may want to testify if there is information ONLY YOU can give the judge, and that info helps you.

Examples:

Your medical state (sedated, unconscious, injured, diabetic crash).
Your level of understanding (you literally did not understand what police were demanding from you).
Your timeline (minute-by-minute facts nobody else can explain).

If nobody else can say it, and it’s critical, then yes — sometimes you testify.

When you should NOT testify

If you already poked holes in their case just by questioning their witnesses, you might not need to testify at all. Your job is NOT to prove you’re innocent. The Crown’s job is to prove guilt beyond a reasonable doubt. If they failed, you let them fail.

Huge tip

Before you decide, write one paragraph explaining why you think you NEED to testify. If it sounds emotional (“I just want the judge to hear my pain”), that’s a red flag. If it sounds factual (“I was sedated in hospital and physically incapable of refusing a breath sample”), that’s stronger.

Send us that paragraph

Email that one paragraph to support@self-represented-help.ca with subject “TESTIFY OR NOT?”. We’ll tell you (1) if your reason is strong, and (2) what Crown will attack you on.

This one call can decide guilty vs not guilty.