Ryan Beasley Law
Schedule Your Confidential Consultation 864-991-3379
Close Menu X
What can we help you find?
Practice Areas

You have the right not to testify during your defense

It is often difficult to know what to do or say when faced with a criminal charge, especially if the matter goes to court. If your defense is inadequate, you could face serious penalties, including a prison term or hefty fines. However, as we discussed in a previous article, you are innocent unless proven guilty beyond reasonable doubt.

In that post, we looked at some of the defenses you might employ if charged with a criminal offense. The best defense can vary dramatically depending on your situation and the accusations against you. Sometimes you may be worried that anything you say will simply make things worse. In such cases, you may be better not to say anything at all.

Fortunately, as is explained here, you have the right under the Fifth Amendment not to incriminate yourself. This means you do not have to testify if you are worried that your words may do more harm than good. This is known as pleading the Fifth. However, it is important to remember that if you do agree to testify, you cannot pick and choose the questions you answer. You will be expected to answer all questions with which you are presented.

If you choose to plead the Fifth, this refusal to testify is not allowed to count against you during the jury's decision. However, this is not the case in civil trials and juries in such trials may draw conclusions based on your refusal to testify. It can be difficult to decide on the correct course of action, especially when you are burdened by worries about what the future may hold. However, an attorney can support you through this difficult time and help you decide on the path that is best for you.

No Comments

Leave a comment
Comment Information

Over my career, I have earned a number of honors reflecting my
professionalism and commitment to my clients. These awards include:

    • 10 best 2016 client satisfaction American institute of personal injury attorneys
    • 10 best 2016 client satisfaction American institute of criminal law attorneys
    • Martindale-Hubbell | Distinguished | Peer Rated for High Professional Achievement | 2019
    • National Academy of Criminal Defense Attorneys
    • The National Trial Lawyers | Top 100 Trial Lawyers
    • The National Trial Lawyers | Top 40 Under 40
    • Top Young Attorneys | 2014 | Rising Stars selected by Peer Recognition and Professional Achievement
    • Rated By Super Lawyers | Rising Stars | Ryan L. Beasley | SuperLawyers.com
    • Nationally Ranked Superior DUI Attorney By the nafdd | 2013
    • America's Most Honored Professionals | Ryan L. Beasley
    • Martindale-Hubbell | Client Champion | Gold / 2019
    • Expertise | Best Criminal Defense Lawyers in Greenville
    • 2015 Legal Elite of the Upstate | Greenville's Top Attorneys
    • Legal Elite of the Upstate
    • Legal Elite of the Upstate 2013-2018
    • Client Distinction Award | Ryan L. Beasley, Esq.
GET HELP NOW

Need Legal Advice?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy