Can My Family Member Testify On My Behalf?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

If you’re in criminal court, can you use a family member as a witness to testify on your behalf? Will the judge frown upon this?

A criminal defendant is allowed to present evidence of his or her good character during a criminal trial. However, a prosecutor can generally not bring up evidence of a defendant’s bad character unless the defendant has already presented character evidence. This means that if you bring up evidence of your reputation for honesty (or another good character trait), the prosecution can then bring up evidence of your reputation for dishonesty (or another bad character trait). Character evidence is only admissible if it is in the form of defendant’s reputation or is a witness’s opinion of the defendant. A criminal defense attorney can advise the defendant on whether presenting character evidence makes sense under the circumstances.