Legal Question in Criminal Law in California

Re: 5th amendment right

You need to contact an attorney immediately. If you cannot afford an attorney then you should go to court and assert your fith amendment right not to testify. If the judge pushes you to testify or you are offered immunity, request that the court appoint an attorney to represent you.

Re: 5th amendment right

Your question seems to infer two things: you don't want to testify against your brother and you may be admitting some guilt.

If you want to avoid testifying against your brother, the 5th Amendment may accomplish that, however it may also get you in trouble with the court for the act of being in contempt of court if your true motive is uncovered.

If you're concerned about incriminating yourself in some crime then the 5th Amendment is the appropriate vehicle to avoid this.

I'd try to discuss the matter with an attorney before testifying, and also consider informing both your brother's defense attorney and the District Attorney prior to testifying. Remember taking the 5th may focus the District Attorney on you. And you may not want that attention.

Under no circumstances should you lie under oath.

The court may order an Evidence Code Section 402 Hearing out of the presence of the jury to avoid contaminating the jury by your refusal to testify.

Lots of luck.