§ 135.115 Waiver of right to make statement

If a defendant decides not to make a statement, that choice cannot be brought up later at trial. The prosecutor cannot point to the silence and use it as proof of guilt, and it cannot be treated as if the defendant had something to hide.

This rule protects a person's right to stay quiet without facing a penalty for it in court. Staying silent is a choice the law allows, and exercising that choice cannot be twisted into evidence against the person.