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

A: Absolutely

Tim Akpinar agrees with this answer

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

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

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A: yes, but more info would be helpful

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