Alabama Statutes

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

Alabama § 12-21-220

JurisdictionAlabama

Title 12Courts

Ch. 21Evidence and Witnesses

Art. 2Criminal Cases

Div. 2Witnesses

This text of Alabama § 12-21-220 (Right of Defendant to Be Witness; Effect of Prosecution’s Comment on Defendant’s Failure to Testify) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-21-220 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Legislative History

(Code 1886, §4473; Code 1896, §5279; Code 1907, §7894; Code 1923, §5632; Code 1940, T. 15, §305; Acts 1949, No. 124, p.150.)

Nearby Sections

15

§ 12-1-1

Effect of Rules of Supreme Court of Alabama

§ 12-1-10

Punishment by Courts for Contempt

§ 12-1-11

Appeal to Appellate Court by Attorney or Officer from Judgment of Contempt

§ 12-1-12

Grounds for Disqualification of Judges from Trial of Cases Generally

§ 12-1-13

Grounds for Disqualification of Justices of Supreme Court and Judges of Courts of Appeals from Participation in Decision of Cases

§ 12-1-14

Appointment, Powers, Compensation, Etc., of Special Judges for Circuit, District, or Probate Court

§ 12-1-14.1

Appointment of Special Judge Upon Request; Temporary Service

§ 12-1-14.2

Senior Judge Status

§ 12-1-15

Benefits to Which Judges, Officers, Employees, Etc., of Judicial Branch of Government Entitled; Uniformity of Treatment as to Benefits, Etc., of Supernumerary Justices and Judges and Retired Justices and Judges; Failure by Justice or Judge to Apply for Supernumerary or Retirement Benefits at Time of Leaving Active State Service Not to Forfeit Entitlement to Rights

§ 12-1-16

Voluntary Diminution of Compensation, Benefits, Etc., by Judges, Officers, Employees, Etc., of Judicial Branch of Government

§ 12-1-17

Reimbursement of Travel Expenses of Judges, Officers, Etc., of Appellate Courts Attending Judicial Colleges, Seminars, Etc

§ 12-1-18

Reimbursement of Travel Expenses of Circuit Judges, District Court Judges, Municipal Judges, Court-Supportive Personnel, Etc.; Effect of Failure to Attend Educational Conference, Seminar, Etc., When Attendance Ordered

§ 12-1-19

Monthly Reports of Clerks of Circuit, District and Municipal Courts as to Fines, Fees, Etc., Collected

§ 12-1-2

Vesting of Judicial Power of State Generally

§ 12-1-20

Appellate Courts, Administrative Office of Courts and Department of Court Management Authorized to Contract with Counties, Municipalities, Etc., for Offices and Other Physical Facilities for Courts

View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)

Alabama § 12-21-220, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/12-21-220.