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
PREMIUM
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.

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

A: yes, but more info would be helpful

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