Visalia, CA asked in Criminal Law and Constitutional Law for California

Q: If a prosecutor commented on a defendant's failure to take the stand in his own defense, is this grounds for an appeal?

4 Lawyer Answers
David Michael Lehr
David Michael Lehr
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: Absolutely

Tim Akpinar agrees with this answer

Josh S. Brownstein
Josh S. Brownstein
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Yes. A defendant has a constitutional right not to testify. If he/she exercises this right, the prosecution may not comment on it at any time, and the jury is instructed not to consider the defendant's exercise of this right in its determining guilt.

Tim Akpinar agrees with this answer

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Violation of 5th amendment to US constitution , in Bill of Rights.

Justia disclaimers below, incorporated herein.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: yes, but more info would be helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.