When the court holds a bail hearing for you after your arrest, you may be wondering if it is a good idea for you to testify at your bail hearing. A New Hampshire criminal defense attorney might be able to advise you and answer your questions about bail.

In general, however, if you testify at your bail hearing, you do so at your own risk. Your testimony might come back to be used against you at trial, which does not violate your right against self-incrimination. While your New Hampshire criminal defense attorney may be able to ask the court to preclude your testimony from being used at trial, it is not likely the request would be granted. If for some reason you feel compelled to testify, you may have to sit for cross-examination. Your attorney can ask that the court preclude cross examination, but if it does, your testimony might not be considered reliable.

In sum, it is not a good idea to testify at your bail hearing just to express your sincerity and willingness to appear at your court date; the risk is too great.Another issue comes up if you post bail with cash. If the court has reason to believe your bail money might have come from an illegitimate source, it may hold a “source hearing” inquiring into the source of the funds. The prosecution is able to call and examine witnesses at this hearing.

If you have further questions about bail, contact experienced New Hampshire criminal defense attorney Sven Wiberg today for a free consultation.