Legal Question in Criminal Law in California

My Rights as a Witness

How can I not testify as a witness if I know my testimony will later get me in trouble or pergur my statement given to the police, against the defendant?


Asked on 6/14/00, 12:50 pm

2 Answers from Attorneys
Mark Wagner The Office of Mark R. Wagner

Re: My Rights as a Witness

You need to invoke the 5th Amendment. You can not be forced to give testimony that might incriminate you. What might happen is that the prosecutor could offer you immunity from prosecution if you testify. This is tricky as there are different types of immunity. I would suggest a lawyer. If you can not afford a lawyer, your status might compell the judge to appoint one for you. The important thing is to let everyone know that you are invoking your rights under the 5th Amendment and that you are not going to testify. Do not get caught in a perjury or obstruction of justice situation!!

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Answered on 8/08/00, 11:11 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My Rights as a Witness

You need to obtain the advice of an attorney immediately.

Statements to the police are seldom made under penalty of perjury. However, giving a false statement to a police officer is a crime.

You may be able to avoid the problem by asserting your 5th amendment right against self incrimination.

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Answered on 8/07/00, 2:21 pm


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