I am to take the stand as a witness to a murder case in about 2 weeks. The defendant is my fiance who was charged with murder when an argument took place between him and his uncle and one of my fiance's friends for sexually harassing me. The uncle was later found dead, and due to motive, they arrested my fiance and his friend. I was there the night the argument took place and thus am required to take the stand. The toxicology reports indicate the uncle was overly intoxicated, but autopsy also showed blunt force trauma to the head, act performed by the friend. I took a statement that morning, but it was not very accurate because I was not in a clear state of mind. I am wondering if I will need a lawyer when taking the stand when my statment won't be the same?
If you're concerned about allegations of perjury because your story might vary some, you can review your statement before you testify and if your testimony changes you can try to explain why it varies. If your story changes, I assume it will change to help your fiance and if so then the state will attack the new testimony and try to make it seem you are changing your testimony to aid your fiance. If it changes to help the state, then the defense will attack your testimony as biased because of the familial relation. If you have a reason to substantively change your testimony be prepared to have a very good reason why your lack of a clear head would cause it to vary that greatly.
As to whether you need an attorney regarding your testimony unless you fear that there is some aspect of your testimony that exposes you to criminal culpability- like you picked up your fiance, helped him to change into clean clothes, dispose of a weapon and hide the body- then you shouldn't need an attorney. The point of a witness having an attorney is to know when to avoid incriminating testimony and when to invoke the 5th amendment protections.
If you have any concern that the defense or state will argue that you were complicit, then yes, you should talk with an attorney. Otherwise, you should be fine without one.
Good luck and I am sorry for the situation you find yourself in.
If you feel that your answers may lead to possible criminal charges, you should invoke your 5th amendment rights. The judge will give you an opportunity to obtain a lawyer. Don't take any chances.
As the previous two answers say, it all depends upon what you are testifying to. If you feel that your new testimony is going to incriminate you in some way, then yes you do need an attorney. Do not take any chances. If the only thing that you are worried about is the fact that your testimony will be different from your original statement, and there is no chance that you might incriminate your self in any way, then no you do not need an attorney. But as the first answer stated, be ready for your credibility to be questioned on the stand by one, if not both, attorneys.
