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I have a felony case coming up. I have been subpoenaed to testify in another trial, do I have the right to plead the fifth?
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You can only plead the fifth to prevent self incrimination. But then the DAs could offer you immunity on that charge and compel you to testify.
Answered on Jan 31st, 2012 at 6:07 PM
Simon Brian Purnell
The right not to testify exists anywhere (not just the case you are charged in). As a result, you cannot and should not testify about the case you have been charged in. The right is absolute and easily used simply state you are taking advantage of your right not to testify. If that does not stop the questioning ( which the judge and even the prosecutor should respect) then request a lawyer or better yet, hire a lawyer to assert the right for you.
Answered on Jan 31st, 2012 at 12:54 PM