Do I have to testify?

[trentp]

I am a victim of a violent crime resulting in brain surgery and a coma. I do not remember the crime, sometime prior to the crime, and months after the crime. Do I have to testify? What are my options? And is there any advice on how I should approach the DA with my concerns about testifying.

Currently I am fully recovered and am doing extremely well. My biggest concern with testifying is that the jury will not take the crime as serious as it was if I am to take the stand. There were photos taken at the time directly after the surgery and throughout my time in the coma. They are pretty graphic and upsetting, wouldn't these show the seriousness of the crime than a healthy person now?

Also the defendant has a pretty extensive history of violent crimes, which may or may not come out. I myself have had altercations with the law but nothing violent and nothing resulting in other people being hurt - all misdemeanor, no felony. Can this come out if I testify? And if so wouldn't the jury see this as "he had it coming"?


Thanks,
Trent
Colorado, USA

 

[JETX]

You didn't state the specifics in your case, but the following response applies in both civil and criminal testimony.

Though I could understand your reluctance to testify, the defendant has the Constitutional right to confront your version of the facts of his case. And since you testimony is the only directly examinable evidence, if possible, you will be required to testify.

Let's reverse the situation and ask that you be the person charged with a crime. Do you think it would be fair to you for you to NOT be able to confront your accuser and to be judged solely on pictures and an unsubstantiated claim that you were the suspect??? No, it wouldn't be fair (or constitutional).

I suggest that you discuss your concerns with your attorney or the prosecutor. They will best be able to answer your direct questions and to offer you assistance.