Does my 5th Amendment Right to Remain Silent Apply to My Possession of Child Porn Trial?

The 5th Amendment to the U.S. Constitution guarantees you the right to remain silent even at trial regardless of the nature of the charges. A Utah defendant can never be forced to give a testimony against them self in a possession of child porn case and may remain silent at trial but are free to testify if they wish. A defendant is a competent witness on his or her own behalf and such testimony should be given the same consideration as any other witness. The fact that the defendant stands accused of a crime is no reason to reject his or her testimony. In fact, in many cases only the defendant can assert a particular defense. If the defendant is relying upon an entrapment, mistake of fact or alibi then often the defendant’s testimony is necessary.

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