postman
Diamond Member
- Feb 23, 2017
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Remember, this was a civil trial, which means the defendant HAS TO take the stand. Or face the consequences of the jury treating his absence as a negative inference.Which judge? Most have said the opposite and now he has to have a bench trial in NY in front of a judge that’s already ruled against him repeatedly, because his bargain basement lawyer didn’t file the papers in time to get a jury trial!
Question: Do defendants have a 5th Amendment right not to testify in a civil case?
Answer: Yes, but that failure to testify can be used against them and considered by the jury.