He has an absolute right to waive his right to remain silent and to testify on his own behalf. But, he should consult with his lawyer prior to making a final decision about testifying.
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In the grand jury stage, the right is limited. But at trial he absolutely has the right to testify on his own behalf.
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He has the right to testify.
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He has the right to testify on his own behalf, however, his lawyer may advise him on whether or not it is a good idea for him to do so.
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No, but this is decision that shouldn't be made lightly. He should discuss with his attorney.
judge cannot deny the right to defend yourself by telling your side of the story....whether it is wise for a criminal defendant to waive the right not to testify, however, is always an issue. No lawyer here can advise your husband on that.
No one can deny his right to testify or not testify at trial when he is the defendant. Your reference to "in the back" indicates this may be referring to testimony in the grand jury shortly after arrest and initial criminal court arraignment. Under NY law, the decision for a defendant to testify before the grand jury rests with defense counsel unless the decision would constitute ineffective assistance of counsel. I do not know if this is the case but this may be helpful info to you.
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