Civil Rights Question

[bernina96]

ok i need to know if a judge under any circumstances can deny a person the right to testify in a court of law and if so under what law is he allowed to do it.....also if a person testifies as a witness in their own case are they protected under the rights of a defendant still or under the rights of a witness... i live in the state of oregon

 

[calatty]

A judge cannot deny a defendant the right to testify at his own criminal trial. In all other circumstances, a judge may refuse to let a witness testify on various legal grounds, such as a determination that the witness's testimony is irrelevant, hearsay, cumulative. I don't know what you mean defendant's and witnesses' "rights."

 

[bernina96]

Is a witness protected under different laws than a defendant if it is their own trial

does a witness hold different rights in a trial than a defendant does.....if it their own criminal trial that they are testifying in

 

[racer72]

You cannot be a "witness" at your own criminal trial. You are the defendant, period.

 

[bernina96]

where do i find this law

can anyone tell me where to find the hard copy of these laws i need something that will tell me these things i am in the middle of doing all of the work for my fathers appeal and he was in fact told straight out you are not going to be allowed to testify in this case....so i need something to go off of to more or less make or breal our case.....thank you oregon

 

[charlie neville]

I'm assuming this is a criminal matter...

... and if so your father has the right to testify in his own defense if he so chooses, if he does so he is subject to cross examination by the prosecution.

He cannot be forced to take the stand by the prosecutor and can invoke the 5th amendment protection against self incrimination while testifying.

Do you consult with an attorney? If not, I suggest you do so!

charlie