Can I Plead the 5th?

Share the Knowledge!

I was subpoenaed to appear and testify against my own father in a criminal case involving drugs. I don’t want to testify against my own father. Can I just plead the 5th or will I be held in contempt of court like the prosecuting attorney told me would happen if I didn’t testify against my father? If not, what about pleading the 5th on the grounds that my testimony may incriminate myself? Would either of these work on getting out of testifying against my own father? If not, is there anything I could do or say that would help my in my difficult situation regarding my father.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

I cannot give you legal advice for your particular situation. You need to consult with a local criminal law attorney to discuss the matter in confidence with him/her. She/he will be able to guide you in the best direction regarding if you can or should invoke your fifth amendment right.

For educational purposes, generally when a witness invokes their fifth amendment right upon taking the stand, the witness can choose which questions he or she feels comfortable answering. If a witness refuses to answer specific questions, the prosecutor in the case may offer him or her immunity in exchange for his or her testimony. This means that, should the witness’s testimony include any details that incriminate him or herself, the prosecutor will not charge the witness with a crime. In cases where immunity is not an option, the prosecutor may be willing reduce the charge(s) in exchange for a full testimony.

Note, the fifth amendment is usually invoked by a witness that was involved in the crime and seeks to refrain from providing testimony due to self-incrimination.



Share the Knowledge!
Share:

Author: House Attorney