Importance of an Opening Statement in a Criminal Case | Houston Criminal Law
Opening Statements
Hello, my name is Dan Cogdell, I’m a lawyer here in Houston Texas. I’ve been practicing criminal defense work for 32 years and I’ve trialed about 300 cases in front of a jury in this state and several others. So let’s talk about how important an opening statement is in the usual criminal case. I guess first understand that as a defendant you are not required to make an opening statement. The law doesn’t impose of the defendant in any criminal. The obligation or the requirement to make an opening statement either at the start of the state’s case or at the beginning of the defendant’s case.
Opening Statements Are Important
You’re not required to make one at all, simply put. My practice, however, has taught me the importance of making an opening statement. In my opinion it’s the second most important thing in a criminal trail besides picking the jury, and that is this. An opening statement or an effective opening statement is the filter through which the jury is going to understand the defensive theory. I think it is human nature, particularly more and more in our immediate gratification society where we want an answer now, we want to Google what the answer is, we don’t want to wait until the end of the show, we don’t want to wait until the end of the book.
3 Things an Opening Statement Needs
Our patience as a society has shrunk, and shrunk, and shrunk which conversely I think makes it ‘s more, and more, and more important to make an effective opening statement. An opening statement in my opinion should do three things. The first thing it should be is it should establish the identity of the defendant and the lawyer. The second thing it should do is explain what the defense is, what the jury should expect the defense to be. The third and maybe the most important thing that an opening statement should do is establish credibility, trust and believability on the part of you and your lawyer.
Credibility is Most Important
Simply put if the jury doesn’t trust your lawyer, if the jury doesn’t believe your lawyer and if the jury doesn’t think your lawyer is credible. It really doesn’t matter what the evidence is. While a trial isn’t a beauty contest it’s certainly a credibility contest and the right opening statement can either prepare or destroy your lawyer’s credibility. If you’re charged with a criminal offense in the state of Texas and you want a lawyer that knows how to make an opening statement, you want a lawyer that has credibility and believability, call us.
We’ll be happy to answer any questions you have about your case or about opening statements or about cross-examinations or about final arguments. But find a lawyer who can stand and deliver in a courtroom. My name is Dan Cogdell, thank you for listening.
By: Dan Cogdell