Legal Question in Constitutional Law in California

My rights under a subpeona

I am being subpeonad to testify against a known gang member. I feel that my life and my family's life will be put at risk if I testify against this person. Can the courts force me to testify against this person, knowing the risks that are involved? I am witness to finding a gun in my sister-n-laws car after having driven it home to avoid impoundment by the police. When I found the gun I called the police and reported it. That was all. Can I plead the 5th under these circumstances? Do you recommend me getting a lawyer.


Asked on 5/08/06, 3:02 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: My rights under a subpeona

You can only invoke the Fifth Amendment when testifying would potentially expose you to prosecution. Finding a gun and turning it in is not a crime, so this option isn't available to you.

Try calling the prosecutor to see what protections she can offer. Ultimately, you can be forced to take the witness stand whether you want to or not.

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Answered on 5/08/06, 3:57 pm


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