QUESTION

I am charged with assault. Do I have to testify at my trial?

Asked on Dec 30th, 2003 on Criminal Law - Wisconsin
More details to this question:
I am charged with assault. Do I have to testify at my trial?
Report Abuse

1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
Update Your Profile
No. You have an absolute right not to testify. The Fifth Amendment to the United States Constitution provides that no person shall be compelled to be a witness against himself in a criminal case. The burden is on the state to prove the charge against you. You do not have to prove anything. If you do not want to testify, the jury will be instructed that it may not consider your decision not to testify against you. The jury should not even discuss the fact that you did not testify. Whether or not to testify is a decision that is completely yours to make. While your lawyer will advise you as to what he or she thinks is best in your case, the final decision is up to you.
Answered on Dec 30th, 2003 at 12:15 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters