Can you answer I don't know in court?

Asked by: Dr. Fidel Dare IV  |  Last update: October 22, 2023
Score: 4.5/5 (14 votes)

Instead the better practice is to say “I'm not sure” or “I don't know.” If you are unsure about an answer you cannot then answer the question.

Can you say I don't know in court?

That's perfectly acceptable and all you should say is “I don't know.” If you don't remember, you say, “I don't remember,” and that's in fact what you should do. You should never really guess at an answer. You should never just make up something.

Is it OK to say I dont remember in court?

Rule number six: If you don't remember, say so. A witness can only testify to what he or she clearly remembers. This is not what we're used to. In our normal conversations, we rarely say just, "I don't recall" and then stop.

What to say in court when you don't know the answer?

If you do not know the answer or you cannot remember, just say so. If you give an estimate (such as with distance or time), indicate that your answer is only an estimate and not exact. On the other hand, give positive, definitive answers when you clearly remember. Take your time.

Can you decline to answer a question in court?

The testimony would incriminate yourself – Under the Fifth Amendment in the Constitution, you have the right to avoid giving any evidence that could self-incriminate you. In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.

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Do you have to answer yes or no in court?

Give the answer in your own words, and if a question can't be truthfully answered with "yes" or "no," you have the right to explain your answer. Answer only the question asked you.

Can a judge make you answer a question if you plead the fifth?

At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendant's own lawyer cannot force the defendant to take the witness stand against their will.

What not to say to a judge in court?

Do Not Exaggerate, Mislead, or State Anything Untrue. It goes without saying that you should never lie to a judge (that is perjury), but you should also avoid exaggerating the facts or misleading the court about any issue. Most judges can sense when a witness is stretching the truth, and they do not appreciate it.

Can you say no when asked to tell the truth in court?

Then you would be in contempt of court. If you will affirm, not swear to tell the truth, then your testimony would be taken. If you refuse even to affirm the truthfulness of your testimony, you would not be allowed to testify and you would be jailed for contempt.

What do you say in court when you want to remain silent?

How Can You Clearly Invoke Your Right To Remain Silent? Because silence and body language are ambiguous, perhaps the clearest way to invoke your right to remain silent is to tell an interrogator, "I invoke my Miranda right to remain silent." However, there are other ways to clearly invoke.

Can a memory be used in court?

In criminal law, the use of repressed memories as evidence is generally met with skepticism and may not be admitted if the court finds them unreliable or if the process of recovering the memories involves suggestive techniques.

Is it perjury to say you don t remember?

Any time you provide testimony in a criminal case (yours or someone else's) under oath, whether it's verbally or in writing, you're required to tell the truth. If you don't, you could potentially face perjury charges.

What do you have to swear on in court?

To that end, the federal court system and most state court systems have established rules explicitly providing for witnesses to give either an oath, whether on a bible or other religious scripture, or an affirmation.

Can you say whatever you want in a courtroom?

Anything you say may be held against you in a court of law.

How do you impress a judge in court?

You may be nervous when you get into the courtroom, but these six tips will help ease any anxiety about how it's going to go.
  1. Know the judge. ...
  2. Be organized with your paperwork. ...
  3. Dress Appropriately. ...
  4. Stay calm in front of the jury. ...
  5. Keep eye contact with the jury. ...
  6. Don't be late to court.

Does telling the truth help in court?

It is likely that just telling the judge the truth about the situation could result in a harsh sentence, but it can also lead to the charges being dropped or you receiving a lesser sentence.

Can you ask a witness a yes no question?

Maintain control by adhering to traditional rules of cross-examination: Ask only leading questions, ask only questions that can be answered with a “yes” or “no,” and never ask a question unless it's absolutely necessary and you know the answer. Ask questions that dare the witness to disagree with you.

Can you refuse to raise your right hand?

Today, it is customary that when a witness takes the stand, the witness is prompted to raise their right hand and take an oath to tell the truth. This brings up the issue of Mr. Jakubowski when he refused to raise his hand. There is no constitutional provision requiring the witness to raise their hand to take an oath.

Can you yell at a judge?

Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly. For example, by yelling at the judge. This is also called direct contempt because it occurs directly in front of the judge. A criminal contemnor may be fined, jailed, or both as punishment for his act.

Can you apologize to a judge?

An apology letter is a good way of showing the Judge that you are honestly and truly sorry for your offending behaviour, and that you understand the seriousness of what you did.

Is it rude to call a judge judge?

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.” Special Titles.

When can you not plead the 5th?

Multiple courts have concluded that the Fifth Amendment only applies to evidence that is gathered through communication. Therefore, the Fifth Amendment cannot protect a person who does not want to have his or her fingerprints taken, blood drawn or DNA collected.

Does pleading the fifth mean you're guilty?

Does Pleading the Fifth Mean I'm Guilty? Pleading the Fifth Amendment is NOT an admission of guilt. The Fifth Amendment's protections for accused individuals includes the right against self-incrimination, which falls under the right to remain silent.

Can I always plead the fifth?

You can always refuse to talk to federal agents or the police. But remember, the 5th amendment right to remain silent is only triggered in “custodial” situations. If you are free to leave or stop the questioning at any time, that would not be considered a “coercive setting” for purposes of the right to remain silent.

What questions Cannot be asked in court?

Compound question

Compound questions are not allowed because they can confuse the witness, the judge, and the jury. Also, it may not be clear for the court record which of the questions the witness is answering.