Does a defendant in a criminal trial have a right not to testify?

California, United States of America


The following excerpt is from People v. Alaniz, 16 Cal.App.5th 1, 224 Cal.Rptr.3d 154 (Cal. App. 2017):

A defendant in a criminal trial has a right established by the Fifth Amendment to the United States Constitution not to testify. ( People v. Leonard (2007) 40 Cal.4th 1370, 1424, 58 Cal.Rptr.3d 368, 157 P.3d 973.) Upon request,

[224 Cal.Rptr.3d 158]

Other Questions


Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a defendant who is represented by counsel during the first part of a criminal trial invoke his right to self-representation mid-trial? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the test for obtaining a written waiver of a criminal defendant's right to be present at a criminal trial? (California, United States of America)
Is a criminal defendant entitled to a personal waiver of his right to be present during a criminal trial? (California, United States of America)
Does a defendant have a right to a fair trial in a criminal trial? (California, United States of America)
What is the test for a defendant to claim that he was deprived of his right to testify at trial by counsel advising him not to testify? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.