QUESTION

I'm subpoenaed to go to court as a witness for the state, what will happen if I plead the 5th?

Asked on May 20th, 2013 on Criminal Law - California
More details to this question:
If they offer me immunity, do I still have to testify? I really don't want to. How can I get out of doing this?
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3 ANSWERS

Theodore W. Robinson
You need to speak to a qualified criminal defense attorney near you. Normally, you cannot get out of answering a Subpoena and the penalty for not appearing is a potential Contempt of Court citation which could land you in jail until you comply. Or a material witness Subpoena could be issued against you which could get you arrested and brought before the Court until you do testify. Being offered immunity means that you cannot be charged or tried for anything you testify to, nothing more, so that doesn't get you out of it either. Speak to an experienced criminal defense lawyer who can tell you the consequences of not appearing or pleading the Fifth. Good luck.
Answered on May 22nd, 2013 at 12:49 AM

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Litigation Attorney serving Charleston, SC at The Falk Law Firm, LLC
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If you received a subpoena you must appear. If you fail to appear the Court can issue a bench warrant, and then find you in contempt. You have your 5th Amendment right against self-incrimination. However, if the State grants you immunity, or agrees not to use your statement in a subsequent criminal proceeding, then you can be ordered to testify, and failure to testify makes you liable for contempt charges.
Answered on May 22nd, 2013 at 12:19 AM

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Geoffrey MacLaren Yaryan
If you take the 5th and they offer you immunity, you must testify or you will be incarcerated. You can't get out of it without going to jail for contempt.
Answered on May 21st, 2013 at 12:19 PM

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