2025 Session
Last amended: 1986 session
§ 611.11 — No Presumption From Failure to Testify
Plain-Language Summary
A defendant in a criminal case has the right to testify if they choose to, but they cannot be forced to testify. If a defendant chooses not to testify, no one is allowed to hold that against them. The prosecutor and judge are both banned from mentioning or suggesting that the defendant's silence means guilt.
611.11 NO PRESUMPTION FROM FAILURE TO TESTIFY.
The defendant in the trial of an indictment, complaint, or other criminal proceeding shall, at the defendant’s own request and not otherwise, be allowed to testify; but failure to testify shall not create any presumption against the defendant, nor shall it be alluded to by the prosecuting attorney or by the court.
History:
History: History: (9815) RL s 4661; 1986 c 444
Practical Notes
This is a key protection under the Fifth Amendment right against self-incrimination. If you are a defendant, you can choose not to take the witness stand and no negative conclusion can be drawn from that choice. If a prosecutor comments on your silence at trial, your attorney should immediately object.