The short answer to this question is NO! I guess after a number of years working as a criminal defense attorney, and my prior experience as a police officer, I operate under the assumption that everyone knows the answer to that question. However, after a trial I had last week, and after speaking with a friend, I am beginning to think that not everyone knows that they don't have to testify at their criminal trial.
Under the U.S. Constitution, we all have a 5th Amendment Privilege against self-incrimination. In other words, if you are charged with a crime, a court cannot force you to testify against yourself. We are all presumed innocent until proven guilty. It is not your responsibility to help the government prove or disprove your innocence. You can choose to testify, or not to testify at your trial, whether you are guilty or innocent. In addition, a judge or jury cannot hold the fact that you didn't testify at the trial against you.
I had a trial last week, involving distribution of heroin, where my client did not testify. The jury found him not guilty after thirty minutes of deliberation because the government was not able to prove its case. I'd like to think this is an example of the 5th Amendment at work.
If you have any questions about this post please feel free to leave a comment or email Attorney Gomes at tgomeslaw@yahoo.com. If you want to hire an experienced criminal defense attorney that will work hard for you, call (617) 265-2700 x106 now.
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