Virginia § 19.2-268 - Right of accused to testify
Full text of Virginia Code of Virginia § 19.2-268 — Right of accused to testify, with citation guidance and answers to common questions.
§ 19.2-268. Right of accused to testify
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.
Code 1950, § 19.1-264; 1960, c. 366; 1975, c. 495.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 19.2-268
What does Code of Virginia § 19.2-268 cover?
Section 19.2-268 ("Right of accused to testify") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 19.2-268?
A common citation format is "Code of Virginia § 19.2-268" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 19.2-268 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.