Legal Question in Criminal Law in California

My boyfriend stabbed my friend. I didnt see it i was fighting a girl that attacked me. I thought I had to testify against my boyfriend. But I dont want to, do I have to? And if I do can I request a court appointed attorney? To help keep the DA using me, and the defense ripping me. like I dont want to talk about his and mine relationship or past, can I plead the 5th. they are trying him for attemted murder. He really hurt him, but he wasnt trying to kill him


Asked on 2/17/11, 1:25 am

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

If you have been subpoenaed you have to appear. You can only invoke the Fifth Amendment if you have a valid reason to fear that answering the questions truthfully will incriminate you. I empathize with your desire not to testify, but the Fifth Amendment has a specific purpose. It is not an escape hatch for people who want to avoid testifying.

You should consult with a criminal defense attorney ASAP. She will help you decide whether you have a valid reason to invoke the Fifth Amendment, and will explain the risks involved in doing so. She may also be able to negotiate with the D.A. to limit the scope of the stand.

Your boyfriend's lawyer may be able to help you prepare if you can't get your own attorney, but he probably won't be able to counsel you about the Fifth Amendment. Just remember that his job is to protect your boyfriend, not to protect you.

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Answered on 2/17/11, 9:26 am


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