It would be best to hire your own lawyer in this circumstance so they can get the full story and determine whether you do have a legitimate claim to take the 5th. That said, the prosecutor can choose to give you immunity from prosecution, which would remove your ability to take the 5th and the judge would order you to testify, since with immunity you would not be facing prosecution. Also, even if that does not happen, if you take the 5th and do not testify, they can likely then use your statements to the police from that night - without further explanation from you. Thus the need to have a lawyer who can advise you on the precise situation here.
Answered on May 15th, 2021 at 5:54 AM