QUESTION
Who is given immunity in court to plead the fifth?
Asked on Aug 06th, 2011 on Criminal Law - New York
29 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I'm not sure what you mean. Immunity and invoking your 5th Amendment privileges are two different things. Immunity is given by prosecutors which means that your testimony cannot be used against you to bring criminal charges against yourself. If it is offered then you must take it. Invoking the 5th Amendment right against self incrimination applies to anyone accused of a crime or who could possibly be implemented in a crime due to a particular line of questioning. If you feel that your testimony in court could incriminate yourself, you can invoked your 5th Amendment rights. I would advise consulting with a lawyer first.
Answered on Aug 24th, 2011 at 5:03 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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Immunity is given by the prosecutor, usually in exchange for information about a crime. The 5th amendment is available to any citizen. It states that you have the right to remain silent (you cant be forced to testify if that testimony will get you in criminal trouble.)
Answered on Aug 15th, 2011 at 2:05 PM
Criminal Defense Attorney serving Las Vegas, NV
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Advanced Litigation Services, Inc.
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Any one can plead the fifth if the believe the answer to a question might incriminate them.
Answered on Aug 10th, 2011 at 7:24 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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The 5th Amendment is one of the most misunderstood legal doctrines by lay people. Essentially the 5th requires that a person have criminal liability in order to assert their right to remain silent. This means that if testimony would implicate you then you can assert the right to remain silent. In NH the judge is required to have a Richard's hearing prior to the assertion of the 5th. It is very common that witnesses need an attorney to represent them in a court matter to protect and assert their rights. Most criminal defense lawyers will be happy to speak with you about a witness problem for no charge. Good luck.
Answered on Aug 09th, 2011 at 5:32 PM
You can plead the fifth when there is potential for you being placed in custody based upon those statements.
Answered on Aug 09th, 2011 at 2:04 PM
Under the US Constitution no one can be compelled to testify against themselves.When someone is under oath in a courtroom and is asked a question that they cannot answer without testifying that they have committed a crime and they say "I cannot answer on grounds that the answer may incriminate me" , it is called taking the 5th.This does not mean that the person testifying is given immunity.All other evidence that has been collected and presented would usually come in, but you do not have to testify against yourself.If you are on trial in a criminal case, the judge will tell the jury that you have an absolute right not to testify and that should not be considered an admission of guilt.
Answered on Aug 09th, 2011 at 1:45 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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These are two separate terms that are unique but can be used together to compel testimony. The 5th refers to the Fifth Amendment to the United States Constitution, which provides every citizen the right to not incriminate one's self. Therefore, if someone is on the witness stand and has pledged to tell the truth, the whole truth and nothing but the truth, they can refuse to answer any question to which the answer would be self incriminating. Immunity is something that must be granted. It is often used as a tool to avoid the use of the Fifth. If a person is granted immunity from prosecution, their answers are no longer considered incriminating, due to the immunity from prosecution, and therefore they can be compelled to answer the questions that would otherwise be protected by the Fifth.
Answered on Aug 09th, 2011 at 1:04 PM
Roianne Houlton Conner
If you are the defendant you can not be forced to testify against yourself under the 5th amendment. If you are a witness and have committed a crime you can not be forced to testify about your actions.
Answered on Aug 09th, 2011 at 12:41 PM
The Fifth Amendment protects a person from having to testify against him/her self. Any person who's testimony could implicate them in criminal activity could invoke their Fifth Amendment right against self incrimination.
Answered on Aug 09th, 2011 at 12:33 PM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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When you testify in court you can "plead the fifth" amendment, that is you can refuse to testify about something if you will end up incriminating yourself. The prosecutor can agree to grant you immunity such that anything you say on the witness stand cannot be used against you.
Answered on Aug 09th, 2011 at 12:16 PM
Every American citizen has a fifth amendment right to refuse to answer questions the answer to which might be incriminating. If the prosecutor or questioner can show that there is no way that any answer to the question asked could possibly incriminate the person being questioned, then a Judge might Order that person to answer the question. In some cases, a prosecutor might offer a person a form of "use immunity" in order to get the answer out of the person, but this is very tricky ground and I would warn you to be very careful It might be a good idea to have legal representation if you are in this situation or might be faced with this problem.
Answered on Aug 09th, 2011 at 11:46 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Anyone.
Answered on Aug 09th, 2011 at 11:35 AM
Michael J. Breczinski
NO ONE is given immunity to plead the fifth. A person may be given immunity IF they plead the fifth and the prosecutor needs that person's testimony. To plead the fifth means to refuse to testify because it may incriminate oneself.
Answered on Aug 09th, 2011 at 10:59 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No one. Immunity is granted by prosecutors to get people to testify. 5th Amendment can be asserted by anyone choosing not to testify if it could incriminate them.
Answered on Aug 09th, 2011 at 10:05 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No one gets "immunity" by asserting their Fifth Amendment right unless the prosecutor grants it or you are testifying before a Grand Jury.
Answered on Aug 09th, 2011 at 8:56 AM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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If you are given immunity, you cannot take the 5th amendment for those subjects covered by the immunity agreement. If you are not given immunity, anyone can take the 5th amendment if their testimony could result in self-incrimination.
Answered on Aug 08th, 2011 at 5:00 PM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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Immunity and asserting your 5th amendment privilege are two different things. If you wish to have immunity for your testimony then your attorney must make prior arrangements with the prosecuting authority before you testify. Asserting your 5th amendment privilege, or "taking the 5th, is when the answer to a question may incriminate you in a crime. You do not have to have an open case against you to assert your 5th amendment privilege. You should consult with an attorney to ensure that you have a 5th amendment right at all. If you do not have an attorney, you must hire one immediately, if you do not have the funds for an attorney simply ask for one in Court and one should be appointed to represent you.
Answered on Aug 08th, 2011 at 5:00 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No one is given immunity. A person who pleads the 5th does so because what he or she may testify to may result is criminal charges being brought against the person testifying. A person pleads the 5th because he/she cannot be forced to testify against his/herself. If the person's testimony is crucial to a prosecutor in its case against another person, and the testimony of the person (taking the 5th) is crucial to the prosecutor proving their case, the prosecutor may offer the person immunity from prosecution in exchange for testimony.
Answered on Aug 08th, 2011 at 4:56 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry Your question is confusing. The 5th amendment is the right against being compelled to testify against yourself. In other words, a confession or admissions cannot be compelled. Our Supreme Court has held that it is coercive to question someone while in custody without giving them miranda rights. If this is done, then a confession can be excluded from evidence. The 5th amendment can be asserted at trial if a person is asked questions that may incriminate themselves, or a statement is offered at trial in violation of miranda. Immunity is the possible response to an assertion of the 5th amendment. The best way to explain is by an example. If a witness is called to testify against a defendant, and the statements the witness may make about the defendant will possibly incriminate the witness, then the witness could assert the 5th amendment and refuse to testify. However, the prosecutor can offer immunity to the testifying witness. This offer of immunity will protect the witness from being proseuted for the statements the witness may make about the defendant while being questioned at trial. In this way, a witness can be compelled to testify over their assertion of the 5th amendment right against self-incrimination. Therefore, a person is not "given immunity to plead the 5th." Instead, a person may assert their 5th amendment privilege to not testify against themselves by making admissions or incriminating statements. The prosecutor can offer immunity to the witness, in which case, there is nolonger a sustainable 5th amendment objection to questions based on the grounds that the testimiony may incriminate them. The witness cannot refuse to answer questions. The witness must answer questions or possibly be held in contempt. I hope that this was helpful.
Answered on Aug 08th, 2011 at 4:50 PM
That all depends on what kind of deal the person works out with the prosecutor. The immunity agreement should be in writing and the person given the immunity should have a lawyer review the agreement before it is signed.
Answered on Aug 08th, 2011 at 4:28 PM
Gary Moore
Immunity from prosecution is something which is normally granted by a prosecutor and should be in writing. You must hire a lawyer to insure that you actually do enjoy such immunity.
Answered on Aug 08th, 2011 at 3:24 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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No one is given immunity to plead the 5th. If testimony would incriminate a person - implicate them in a crime - then they can take the 5th as long as they take it consistently and do not waive it. The State (or federal government in a federal case) - the prosecutors must agree to give a person immunity in order to compel their testimony. If they agree that anything that the witness says will not be used against them, then the witness must testify. This does not mean that the person cannot be prosecuted - only that their own words and any evidence derived as a result of their words cannot be used to prosecute them.
Answered on Aug 08th, 2011 at 3:22 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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A witness who is offered this deal by the prosecutor.
Answered on Aug 08th, 2011 at 2:27 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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If a person is about to give testimony that would tend to incriminate them, they can assert their Fifth Amendment right against self-incrimination. The prosecution can choose to grant immunity where anything they say can't be used against them. If that is granted, the person's Fifth Amendment issue goes away and they could be compelled to testify.
Answered on Aug 08th, 2011 at 2:16 PM
There is no answer to your question. No particular catagory of person is given immunity as a rule. Every case is different. If you are charged with a crime, being compelled to be a witness or if you are being investigated, you need to consult with a criminal defense attorney right away.
Answered on Aug 08th, 2011 at 2:05 PM
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This is given by the DA if they need the testimony. There are at least 2 types of immunity and it does not necessarily mean that you will not be prosecuted, usually just that they cannot use your testimony against you. The court will often appoint an attorney if you are offered immunity, if you ask.
Answered on Aug 08th, 2011 at 2:03 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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In any proceeding where a witness might expose him or herself to criminal liability they may plead their Fifth Amendment right against self-incrimination.
Answered on Aug 08th, 2011 at 1:46 PM
The question is wrong. A witness can plead the fifth (tell the court he wishes to remain silent) when asked questions which might possibly incriminate him. If a witness does this, the prosecutor can then offer the witness immunity, so that the answers cannot incriminate him. If the prosecutor does this, then the witness can no longer plead the fifth since the answers can no longer be used against him, and then the witness must answer questions. Your right to remain silent only applies to situations where the answers could possibly be used against you. Once that is no longer possible, your right to silence no longer applies. Long story short: If you do not want to testify, the only way is to truly refuse to testify, which is to be in contempt of court, which could result in you staying in jail until you decide to testify, or until the case is over.
Answered on Aug 08th, 2011 at 1:43 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Any party or witness can plead the fifth. There are some exceptions such as if there is no longer any criminal exposure and there can be consequences to taking the fifth - if a party pleads the fifth, the court will issue an adverse inference which allows the jury to assume (if it chooses to) that the answer would have been bad for the person who plead the fifth. If the questions are posed correctly, taking the fifth can be devastating for a case. If a witness takes the fifth, depending on what the questioning was about, the court can strike the entire testimony.
Answered on Aug 08th, 2011 at 1:21 PM