The Right Not To Testify Against Yourself (aka the 5th Amendment...

Courtesy Austin Criminal Defense Lawyer  Tue, 12/11/2007 - 9:56pm

…supposedly can’t be held against you, right ? 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 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...


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