Legal Question in Criminal Law in California

Re: supenoed to testify

Anyone can plead the 5th if necessary to avoid self incrimination. If you are that much at risk, then you should consider consulting with an attorney now, before the DA decides to charge you. If serious about doing so, feel free to contact me.

Re: supenoed to testify

Absolutely yes, you can invoke your Fifth Amendment right against self-incrimination when called as a witness. You do not have to explain why it is you think your testimony might incriminate you. Do not speak to the DA or defense attorneys or their investigators beforehand.

Re: supenoed to testify

Any witness can state "I plead the Fifth [Amendment]," but that is not the end of it. The Court can and will undoubtedly hold a hearing outside the presence of the jury to determine whether the fear of self-incrimination is well-founded and what the parameters of the witness' Fifth Amendment rights are. Additionally, the fear must be real, substantial, well-founded and essential. The privilege cannot be used to stop all questions, but instead asserted as to each particular question, which allows some careful questioning around the questions for which an answer might incriminate.

The prosecution could also offer the witness immunity from prosecution. Upon a full and complete offer of total immunity, the court can compel the witness to testify (or alternatively strike all his testimony so that none of his testimony can be considered). US. v. Esparesen, 930 F.2d 1461 (1991). Esparesen was a drug deal case where the witness refused to answer particular questions that indicated he was not present at the time as he claimed.

There may be various things you are not considering: for instance, if you are the defendant's spouse there is the spousal privilege. In any event, this is probably a tricky matter and you should retain your own counsel (someone familiar with the numerous intricacies of invoking the 5th amendment) to make sure your rights are protected and best ensure you are accomplishing your goals.