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Do I have to talk to the judge or jury? |
It depends. When you are entering a plea or if you are accepting a plea bargain, you must answer the judge's basic questions with regard to your understanding of these actions and to provide a factual basis for the court to accept your guilty plea.
However, you have a Constitutional right to remain silent with respect to the facts of the case. Only you and your attorney have the power to put you on the witness stand. It is one of the most important decisions in any criminal trial. Defense attorneys agree that it is often better to keep the defendant off the witness stand. Once you testify, you may be cross-examined by the prosecution. Because of your Constitutional right, in the event that you decide not to testify, the judge will instruct the jury that your failure to testify must not be considered in any way a sign of guilt.
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