Hello fellow LEOs. I am a new police officer (2 1/2 years of service). I am hoping some of you can give me advice on providing court testimony. First, it makes me nervous as hell. I am always truthful of course and I testify to what is on my police report, but that doesn't seem to help with the overwhelming anxiety I feel during cross examination. I always feel like the defense attorney is asking me a question to use against me later, which they probably are. I have only testified a total of 3 times so far, our prosecutor's office likes to plea bargain many cases, this is probably why I have not had the opportunity to be on the stand very often. Can any of you relate to my situation? If so, how did you get past it? Any advice would be much appreciated. Thank you.

Rule No. 1: Tell the absolute truth.
Rule No. 2: Don't be a smart ass on cross-examination. Don't be "cute" with your answers to defense counsel.
Rule No. 3: If you don't know that answer to a question, say so.
Rule No. 4: Be professional. Use language the jury can understand. Don't use cop lingo.

I'll think  of some more rules later on.

All of these are good. Don't be afraid to tell them if you don't remember something and need to verify it. If you find that you don't remember something don't try to wing it, they can look at the report or the video if they need to verify. The judge and your solicitors understand that you deal with a lot of people and cases. Make sure you are looking over your report before you testify to familiarize yourself before you get questioned

I am with you buddy.  13 years as a cop, half of that as a detective, I testified a bunch and always got nervous.  Now I work for probation/parole and testify more now than I did as a cop.  Be prepared.  Ever since I got out of rookie school the day before court I would start reading over my reports.  The day of court, I would read over my reports.  Even if it was a first appearance and I knew the case would be continued I would read over my reports for any case on the docket that day.  My next court date I always write in the upper right hand margin of the docket.  

I alway try to build a relationship with assistant district attorneys wherever I am working.  If I can, morning of court date, even if a few seconds before court starts I will try to chat them up and let them know which cases are mine.  I don't ask that they call them first and get me out of court.  But a simple, hey these are my cases and see if the ADA had any questions or if they knew of any questions the defense had brought up.  

As a detective, serious felonies, if it was going to trial I always would see if I could stop by the ADA's office and see if they had any pointers, specific questions they would ask, questions they felt the defense might raise.  

Tell the truth, be prepared, have your uniform or suit squared away.  

Something to think about...last month I was in court.  Myself, prosecutor, and defense counsel were all called to the bench.  I was standing to the left of the prosecutor and noticed her left hand was shaking like a leaf.  Case was held open for a brief continuance so the attorneys could review some case law.  Kind of made me think, here is an attorney that has been in court every bit of 20+ years and she was nervous just like everyone else.

AWESOME ADVICE!! THANK YOU!!. I take this to heart, especially from an experienced detective. Thank you for the insight..

I always look at court as a learning experience. If somethings gets thrown out, learn the reason and dont do it again. I also dont take losing a case personally, learn why you lost and move on. Build better cases next time. You will also have lawyers that will take anything to trial when the client has money.....

Good luck, If you think youre nervous, how do you think the defendant feels.

I've had to do many a deposition, investigation, "testimony", etc. and here are my two (additional) rules:

Rule No. 5:  Use as few words as possible in your answer.  If "yes" or "no" is applicable, use it.
Rule No. 6:  Only state or attest to things you know as fact to be true (or untrue).  Different than telling the truth, what do you actually know to be true (or false)?  IOW, no conjecture/conclusions on your part even if asked to do so/make one.

16 years in criminal law and 12 as a Deputy County Attorney (currently the law enforcement liaison for my office. Which is a blast. SWAT call-outs, carry a weapon, LEOSA certified, etc) 

To these I can add

1.  Don't guess what either attorney wants you to say. That's a good way to end up answering the wrong question and perhaps saying something you shouldn't. . Which leads me to:

2. Your prosecutor should warn you if something has been precluded. But they have a bunch of shit going on also. Always good to not just ask what they want you to cover but find out if there is something you should stay away from. 

3.  Don't guess. While you should have command of your report, don't be afraid to ask if you can take a look at it. Better to be correct than confuse things. 

4.  As has been said, try to limit the cop-speak. It's a car, not a vehicle, you arrived - you didn't 10-97,  etc. It's easier for the jury to understand and makes them relate to you more. 

5, eye contact with the jury. But, if your prosecutor is inexperienced and doesn't stand in a place where you can easily look at them and the jury, look at the prosecutor. 

6. If you can, roll back by the scene and get reacquainted with it. I once wrote an "atta-girl" letter because I know a deputy sealed my felony DUI trial because she went back by the scene and could give every detail about the road, where the FST's took place, etc.  

If I think of anything else I will post them. Good luck. 

I love testifying. But, it took quite a few years to get to that point.

Write a detailed report. Don't put pointless details.....But put lots of details about the facts of the case. The more the better. This helps you remember.

Don't write officers out of reports. They will gripe at you if you make them end up in court. Who cares. I tell griping officers "If you don't want to go to court, get out of law enforcement. If you don't want to end up in my report....Don't show up on my calls."  Writing officers out of reports is a great way to look incompetent.

Don't forget, the judge typically can see through defense attorney bull shit. Stick around when testimony is over.....you might be surprised.  You might think the defense raked you through the coals.....But the judge is thinking you were an honest and credible witness....and he/she believes you. Be sincere and don't bluff your way through stuff you aren't sure about. The judge will recognize that too.

Don't be afraid of defense attorneys. A good defense attorney will teach you more about how to do your investigations than other officers ever will. If there is an error or omission....a good defense attorney will find it. And, you'll learn for next time.

EVERY officer gets raped on the stand eventually. It happens. You won't enjoy it but appreciate it. That experience is just making you better.

^^^^This^^^^

Especially to the defense.

 This is a great point. With the speed of the court system, it may take up to a year for a felony case to get to trial. How are you going to remember everything you need to if you don't write it down? (and trust me, what didn't seem important that night will suddenly become important at trial. It just works that way)

Also, the fact is, when a defense attorney shows his client a great report that makes it clear the client won't win at trial, they plead out more often and faster. It might seem counter-intuitive, but here is where helping the defense attorney do their job will actually make yours easier. 

Defense attorneys love single word answers. I like to give them somewhat wordy answers to certain questions. They hate that. It's always funny when I answer a question and they object to my answer. Judges take a somewhat dim view of the attorney because they asked the question.

Defense attorneys like yes and no question answers. It's easy to lock you into a story. Often they will ask a question phrased as "Isnt it true that you didn't do XYZ". But they will phrase it in such a way that half the question is true and half isn't. It's better to answer that with an explanation. They hate that.  Last two times testified the two attorneys were getting visibly frustrated. It was fun to see.

Preparation is the biggest key. The first and most important is write a good report or supplement. I know we fall into the "gotta get back out on the street" mentality and will write the absolute bare minimum, but you have to think that that report is going to be the basis of your testimony. If it's crap, your testimony will be crap. But if you painted a complete picture of the incident, then you are going to be better off when that defense attorney is shooting for his "gotcha" moment. Articulation is the key to everything. If you are going to trial on something like a DWI/DUI, pull out the latest NHTSA manual and study over it. Be able to explain the ins and outs of SFST, know the percentages for the different evaluations, ect. Know what the statue/code is for the offense you're going to trial on.  Watch your video and go over your report. Then watch your video and read over your report again. Get with the prosecutor and go over what they want, questions they are going to  ask, and see what line they think the defense council is going to use.

EYE CONTACT with Jury and or Judge +1!!

Don't write a report with the goal to give the defense ammo to use against you but also if you have facts that the defense can use to their advantage put them in your report and don't hesitate to acknowledge them on the stand. It adds to your credibility.  As time goes on, with experience you'll write reports knowing what the defense will be....and you can answer the defense arguments in your report....and the defense will recommend their client take a plea.

Show up in court looking professional. My personal rule of thumb is if you handled the original case in uniform, go to court in uniform. If you were in plain clothes, wear a suit or at least a jacket and tie. Even if your agency doesn't have a court attire policy....impose one on yourself. A professional looks professional.

Remember if you are on the stand and the defense is asking you stuff that's really stupid, that means they don't have a good argument and their client is paying them well and probably demanding a trial. The defense has to put a show on for their client.

Buddy of mine was just on the stand recently. Driving while intoxicated case. Defendant had pissed herself on the night of the arrest. Defense asked him how he knew it was urine. He actually asked if he had it tested to confirm if it was urine. Really?  She was found guilty.

All of the responses have been very helpful. Thank you all for taking the time to post!!

Practice a tempo in responding, not as in throwing out a rhyming rap, but pause and take your time in responding to answers. Take a pause to collect your thoughts and what your response is going to be, whether the question is coming from the prosecutor, defense, or judge. Your answer will be more concise and this will give the prosecutor a chance to object and the judge to rule, and even a prosecutor may throw out a question, but change their mind...so don't be quick to answer (Yes, like a whore sitting in church, you'd like to be off the stand as quick as possible, but you know, be cool, calm and eye contact with everyone)

Talk to yourself in a mirror at home.  Watch your body language and facial expressions.  Body language...

Face the jury as much as possible.  Hold your head up and square your posture.  Consistency in tone, pitch, and never "up speak" like a valley girl.  

Keep your hands still.  

Buy a nice suit, crisp white shirt, and 3 ties...red, blue, yellow.  Proper belt and shoes.  Get good tailoring.  It must fit well, not like a grain sack.

Prepare...know your shit.  Roll play it.  

Be early.  Be where you are supposed to be and read the paper until it's time.  Look like you are confident and slightly bored.

Don't let the defense set the pace of your answers with his questions. A skilled cross examiner will speed up the pace to the point where you say something you don't mean, but once it's out, there's no way to unring the bell.

Don't argue.  Don't try to be cute.  Be, or at least pretend to be, a part of the search for truth.

You can go back and correct yourself if you make a mistake in testimony though.

Some attorneys like to ask a question that actually has two or three questions in one. They do that to confuse you.  So when they do that, ask them "I'm confused. I think I hear two or three questions there. Can you ask the questions individually so I can give accurate answers to each one?

If you are confused with the question, the judge probably is too.

Beside the normal questions of "are you employed with XXXX police department" and other basic questions, actually ingest the question, think for a second, then answer. Plan your answer in your head then repeat that answer, don't just ramble because your mouth wants you to.

Lawyers are slow as hell, it takes a year to Go to trial, why should you spit out answers lighting fast?

We do have an adversarial justice system, and attorneys will use making people nervous to their advantage.  Previous postings have already hit the best points about being truthful, saying you don't know (if you don't), can't remember, and so on.  When you are honest, and not trying to be clever or snarky, judges and juries will see you as more of just a regular honest guy vs the jerk attorney who is trying to act like some TV attorney.

Smart attorneys never ask a question that they don't already know the answer to.  It is the attorney's job to try and use the system to get their guy off, it is rarely personal.    I am retired now, but in over 25 years I only ran into a couple of attorneys for whom trying to win against me was personal...maybe because they rarely won.

That brings me to something that helped me with the stress,  I knew that I didn't lie, plant stuff, or do anything else unethical, so I resolved to let the system go through it's machinations, and determine guilt or innocence.  Not having an attitude of "I have to win, or I am no good" helped me immensely.  My willingness to TRY and not take cases, or Court determinations personally greatly helped reduce anxiety about testifying.  It also greatly reduced my stress in general.  

At first I found it really hard to let go of wanting to "win" every time.  When I finally accepted that I knew I did a damned fine job preparing my case, and overall being willing to accept either winning or loosing a case with equal grace, going to court became far less stressful.  Sure, I still wanted to win, but not taking it personally made a giant difference for me.

Both are good things to remember.

Hard to improve on these answers.

All I will say, is that I *loved* court. I was old school, and felt that if you couldn't put a case together, you didn't deserve to be out on the road, anyway.

Court is a game. Or, like a play. Or a date. Everyone is trying to convince a judge or a jury of something. If you go in there putting weight on yourself, you'll crack. Think of it like chess. Don't gossip in the back hallway too much - go out front and watch how others testify if they'll allow it. Learn the personalities of the attorneys you'll most likely face.

Also, there are websites and forums for lawyers. In those, they learn how to pick apart weak cases. Go read those, and find out where to shore up yours.

Own the stand. Don't fidget. Do battle. Court follows a path, learn how the path works. Learn what the attorneys are trying to set up, and what they need to make it work, then.. deny them. There are standard objections, learn what they are.

Bad thing is, better you get at it, the less they'll want to dick with you in court.

I would also add;  At the end of the day/trial who cares?   Do your job (make good arrests and write good reports)!  If they want to throw it out on a small technicality...  who cares.  Learn from it and move on.  You did your job!

Answer yes or no, if at humanly possible to the questions. If it is a jury trial, your answers are directed to the jury, you look at the jury. If it is a bench trial, you answers are directed to the judge, look at the judge. Don't answer to the attorneys that asked the questions, just the judge or jury. If you need time to think of your answer, ask the lawyer to rephrase the question. If you need a copy of your report the remember, ask for a copy to refresh your memory. Don't purger yourself, you could loose your job if you get caught, you are no longer an expert witness, or worse could happen. It is OK to state, i don't remember/recall. It is normal to be nervous, and have butterflies in your stomach. It is your job to bring them into the court system. It is the states attorneys or DA job to get the conviction, not yours. You just get them into the court system, and let the prosecutor do their job. they get the convictions, not the police. 

In 6 years I've probably been crossed in either traffic, criminal or suppression less than a dozen times. Only had a handful of depos as well.

While my experience is very limited compared to some of the vets above me, one thing I have learned is that being prepared about my case and understanding my authority and agency policies has always been very helpful. I usually went in stressed but came out thrilled and grateful I reviewed my case.

all of the above is good. It is an awesome feeling when the defense attorney only asks you if their client was polite and cooperative and is the one initiating the wheeling and dealing. Experience will get you there.

It's already been stated but write good reports and testify from those reports. If it worth writing down or remembering from the call, it is worth putting in the report. Always bring a copy with you and read it before court.

If it is something crazy try and chat with the prosecutor beforehand.

You will make mistakes. Make sure you learn from them and take nothing personal.

If the defense is asking really stupid questions the defense has no good arguments.

The dumber the questions, the less the attorney has to work with.  Or the defendant has more money than brains.

Judges see through that.

After being both LEO and an Army JAG, when defense tries to hit you with the rapid fire questions, take a 3 count before you answer.  It gives you a chance to think about your answer and takes control of the pacing away from them.