Legal Question in Criminal Law in California
Refusal to Testify to Avoid Self-Incrimination?
Can I refuse to testify, either for the accused or the prosecution, when there is risk of myself being prosecuted by the DA? I already talked to both sides -investigators for the accused and the DA.
1 Answer from Attorneys
Refusal to Testify to Prevent Self Incrimination
You have the right to refuse to testify under the 5th amendment of the U.S. Constitution. If you have the money hire an attorney to represent you in this matter.
If you do not have the money to hire an attorney inform the court that you intend to exercise your 5th amendment right. The court should ask if you want to be represented by an attorney. Tell the judge yes, and that you cannot afford to hire an attorney.
In California do not accept the representations of either the attorney for the defense or the District Attorney that you will not be prosecuted. The immunity agreement must be in writing and approved by a jude to to enforceable. Because of the complexity of immunity agreements it is imperative that you are represented by an attorney.
Untii you have a written immunity agreement approved by the court do not have any further discussions with either the defendant's attorney or the district attorney.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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