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Alabama · Through Act 2026-611

Ala. Code § 12-21-220: Right of Defendant to Be Witness; Effect of Prosecution’s Comment on Defendant’s Failure to Testify.

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Where this section sits in the code
  1. Title 12 Courts.
  2. Chapter 21 Evidence and Witnesses.
  3. Article 2 Criminal Cases.
  4. Division 2 Witnesses.
  5. Division 1 Competency.

On the trial of all indictments, complaints or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness, and his failure to make such a request shall not create any presumption against him nor be the subject of comment by counsel. If the district attorney makes any comment concerning the defendant’s failure to testify, a new trial must be granted on motion filed within 30 days from entry of the judgment.

Collected 2026-09-03T14:01:52Z. Source file · JSON

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