Can a criminal defendant testify in his or her own defense?
In Texas, a criminal defendant has the right to testify in his or her own defense. This is known as “testifying in one’s own behalf” and it is often a key part of a criminal defense case. Under the Texas Rules of Criminal Evidence, the defendant has the right to take the stand and answer questions from their own defense attorney. A defendant who takes the stand is testifying under oath and is subject to cross-examination by the prosecution. In a felony case, a defendant also has the right to remain silent and not testify. A criminal defendant’s decision to testify is an important one. It should only be done with the guidance of an experienced criminal defense attorney. One of the most important factors to consider is whether a defendant’s testimony will assist in their defense or hurt their case. If it is determined that the testimony will likely be beneficial, the defendant can take the stand and present their case. To summarize, a criminal defendant in Texas has the right to testify in their own defense in a criminal trial. Before doing so, defendants should consult with an experienced criminal defense attorney who can advise them on their legal options.
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