Should a Defendant Testify In His Own Defense In a Criminal Case ?
In Cantu v. State, 738 S.W.2d 249, 255 (Tex. Crim. App. 1987) the court recognized that when a defendant is considering whether to testify in his own defense, he has a difficult choice to make -- he must decide whether to waive his right against self-incrimination, knowing some unfavorable (and potentially indictable) evidence may be revealed, or retain his right to remain silent and, in so doing, forgo the opportunity to "tell his side of the story." See Cantu, 738 S.W.2d at 256.
However, the court of criminal appeals has recognized that this decision, while difficult, does not impose an impermissible burden upon the exercise of a person's Fifth Amendment rights. See id.
Nor does it violate a defendant's due process rights. See id.