Virginia statute

Va. Code Ann. § 19.2-268 — Right of accused to testify

Current through 2026 Regular Session

Part of Article 1: In General, Code of Virginia.

Full text of Va. Code Ann. § 19.2-268

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 19.2-268Primary source, current through the 2026 Regular Session

In any case of felony or misdemeanor, the accused may be sworn and examined in his own behalf, and if so sworn and examined, he shall be deemed to have waived his privilege of not giving evidence against himself, and shall be subject to cross-examination as any other witness; but his failure to testify shall create no presumption against him, nor be the subject of any comment before the court or jury by the prosecuting attorney.

Official sources

Official section text (law.lis.virginia.gov)

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