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