Helpful Tips for Trial Preparation

Testifying in court can be very frightening and uncomfortable. These are some helpful hints when preparing to testify in court.

Refresh your memory
Picture the scene, the distances between things, and the chain of events leading up to the crime. If you gave a written statement, ask to review it.

Always tell the truth
Never forget that you are under oath.

Don't guess
If you don't know the answer, say that you don't know. If you don't remember, say that you don't remember. Sometimes a lot of time passes between the day of the incident and the trial. It is understandable if you don't remember all of the details. Just do the best you can to remember the incident, and relay only the information that you recall.

Dress in neat, respectable manner
Your appearance should not distract the jury or judge, or make your testimony less believable. Dress nicely and conservative if possible. Something that you would wear for a special occasion or to church would be appropriate.

Don't lose your temper
If you become confused or angry during your testimony, try to remain calm and answer in a non-hostile manner. A trial is a stressful time for everyone involved. If you feel yourself getting upset or agitated, a short break from the courtroom may be arranged so that you can collect your thoughts and calm down.

Answer only what is asked
Take your time. Don't volunteer information, a ramble or stray from the question. If a question can be answered with a "yes" or a "no" do so. The attorneys will ask you to explain your answers further if it is necessary.

Speak loudly and clearly
Everything that you say is being recorded by the court reporter. Do not nod your head; always answer the question verbally. We understand that it is nerve racking to have to testify, and that you may be scared or nervous. Just take a deep breath and try to relax. Your testimony will be over before you know it.

Avoid joking and wisecracks
A criminal case is a serious matter. We know that many people have nervous reactions when they are scared and nervous. Always remember that you are on the stand to only answer the questions that are asked of you. Jurors may interpret joking comments in various ways. This is why it is very important to remain composed and testify to only the facts of the case.

Do I have to bring anything?
If there are no specific instructions on your subpoena or from the Prosecutors' Office of the Victim Assistance Program, it is not necessary to bring anything. It is okay if you want to bring a book, homework, etc., to keep yourself occupied when you are not in the courtroom. It is difficult to estimate how long everything will take, so it is better to be prepared.

Who will be asking me questions during the trial?
The prosecutor(s) will ask you questions first. The defense attorney(s) will then ask you questions after the prosecutor is finished.

Why are there delays in holding the trial?
The defendant's attorney may ask for more time to prepare the case, or to locate important witnesses. Trials are sometimes delayed because the judge or one of the attorneys has a schedule conflict with the proposed court date. Some delays arise at the last minute, but every effort is made to notify victims and witnesses and save them unnecessary trips to court.

How long will the trial last?
It is very difficult to estimate how long a criminal trial could run because every case is different. The trial could take anywhere from an hour or two to an entire day, possibly two days. It is best to prepare and make the plans necessary to spend a full day in court. It is always better to over estimate than under estimate.

What should I wear?
Court isn't a formal occasion, but you should dress nicely. Shorts and tank-tops are not appropriate for the courtroom. Dress nicely and conservative if possible. Something that you would wear for a special occasion or to church would also be appropriate.

What is a Victim Impact Statement?
A victim impact statement is a statement made to the court after a person has been found guilty, and before the imposition of a sentence. A victim impact statement is a statement made in court and in front of the Judge concerning how the crime has affected you physically and/or emotionally, how the crime has affected your family, what type of sentence the defendant should receive, and can include issues such as lost wages, medical damages, and/or property loss. Your statement can be made in person in front of the Judge, in written form handed to the court, or by your victim advocate on your behalf.

Stick to the facts
Do not draw conclusions or state opinions unless you are asked to do so. During a trial you can only testify to what you witnessed (saw or heard). If the prosecutor wants you to state your opinion on something, he will ask you to do so. The best way to handle testifying is to testify only to the facts that you witnessed. Often there are parts of an incident that you were not present for, or do not remember, and that is okay. You only have to testify to what you witnessed.

Beware of questions involving time and distance
If your are making an estimate of time or distance, make sure everyone understands that you are only estimating. If you don't know, say you don't know. Often a great deal of time passes between the incident and the trial. We understand that you may not be able to remember exact times or distances. This is okay. Just try your best to remember what you can. Always remember to make it clear if you are estimating. It is okay to say that you don't remember or you don't know.

Think before speaking
If you don't understand a question, ask that it be repeated or explained. We understand that you may be nervous or scared about testifying. It is okay to ask for a question to be repeated or explained. If the prosecutor or defense attorney wants you to answer a question, he/she will be happy to explain what he/she is asking.

Take a deep breath

Try to relax
Your testimony will be completed sooner than you think. If you get upset at any time during your testimony, let us know that you need to take a short break. Your advocate is here to help you through the court processes, and she will do her best to insure that things go smoothly for you. Your advocate is here to answer any questions you may have, so feel free to ask questions.

Why have I been given a subpoena?
You are being asked to serve as a witness in a criminal court trial. A subpoena lists the date, time, place and proceedings in which your testimony is required. If you have any question about the subpoena, feel free to call your advocate to have your questions answered. Do not ignore your subpoena. You will be notified if the case is canceled. If you fail to appear, you could be charged with contempt of court. Please do not think that a subpoena is issued to witnesses that are non-compliant. Subpoenas are issued to all witnesses in a trial, and is not a reflection of your cooperation in the criminal court case.

What is expected of me as a witness?
Being a witness means that you have seen, heard, or know something about a crime that has been committed. In order to make a decision; a judge or jury needs to hear all of the evidence concerning the case. Your testimony is one way to present that information. You are asked to testify to only what you witnessed. Just tell the truth about what you witnessed, and you will have done what was expected of you.