…supposedly can’t be held against you, right [1]? It wouldn’t really be a ‘right’ if jurors were allowed to hold it against you.
Houston criminal defense lawyer Mark Bennett points out though that the instruction read to the jury [2] in the charge in Texas is:
You are instructed that our law provides that the failure of the defendant to testify shall not be taken as a circumstance against him, and during your deliberations you must not...
Links:
[1] http://blog.austindefense.com/2007/01/articles/general/fifth-amendment-us-constitution/
[2] http://www.bennettandbennett.com/blog/2007/12/failure-to-testify.html