{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-268.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-268.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-268.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-268.html"}],"law_id":83006,"edition_id":1,"section_id":83006,"structure_id":12962,"section_number":"19.2-268","catch_line":"Right of accused to testify","history":"Code 1950, \u00a7 19.1-264; 1960, c. 366; 1975, c. 495.","full_text":"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.","order_by":null,"text":{"0":{"id":297551,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; 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certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},{"id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","metadata":false},{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},{"id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","metadata":false},{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},{"id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","metadata":false},{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},{"id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","metadata":false},{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false}],"previous_section":{"id":58922,"structure_id":12962,"section_number":"19.2-267.2","catch_line":"Response to subpoena for information stored in electronic format","url":"\/19.2-267.2\/","token":"19.2\/16\/1\/19.2-267.2","metadata":false},"next_section":{"id":72787,"structure_id":12962,"section_number":"19.2-268.1","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section)","url":"\/19.2-268.1\/","token":"19.2\/16\/1\/19.2-268.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-268\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1975, chapter 495.<\/p>","references":false,"refers_to":false,"permalink":{"id":169227,"object_type":"law","relational_id":83006,"identifier":"19.2-268","token":"19.2\/16\/1\/19.2-268","url":"\/19.2-268\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-268\/","token":"19.2\/16\/1\/19.2-268","dublin_core":{"Title":"Right of accused to testify","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-268","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any case of <span class=\"dictionary\">felony<\/span> or <span class=\"dictionary\">misdemeanor<\/span>, the <span class=\"dictionary\">accused<\/span> may be sworn and examined in his own behalf, and if so sworn and examined, he shall be deemed to have waived his <span class=\"dictionary\">privilege<\/span> of not giving <span class=\"dictionary\">evidence<\/span> against himself, and shall be subject to cross-examination as any other <span class=\"dictionary\">witness<\/span>; but his failure to testify shall create no <span class=\"dictionary\">presumption<\/span> against him, nor be the subject of any comment before the <span class=\"dictionary\">court<\/span> or <span class=\"dictionary\">jury<\/span> by the prosecuting attorney.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nRIGHT OF ACCUSED TO TESTIFY (\u00a7 19.2-268)\n\nIn any case of felony or misdemeanor, the accused may be sworn and examined in\nhis own behalf, and if so sworn and examined, he shall be deemed to have waived\nhis privilege of not giving evidence against himself, and shall be subject to\ncross-examination as any other witness; but his failure to testify shall create\nno presumption against him, nor be the subject of any comment before the court\nor jury by the prosecuting attorney.\n\nHISTORY: Code 1950, \u00a7 19.1-264; 1960, c. 366; 1975, c. 495.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}