Legal Question in Criminal Law in California

witness rights

If I received a supoena to appear in court as a witness, what are my rights? Do I have the right to plead the 5th ammendment?


Asked on 2/13/03, 2:27 pm

4 Answers from Attorneys

Michael Troy Attorney at Law

Re: witness rights

The 5th Amendment only applies if you are being compelled to testify against yourself. This doesn't mean that you yourself must actually be on trial, it means that you cannot be compelled to give information, whether as a witness against yourself or another, that would be a link in a chain of information that could lead to your being accused of a crime. If you think you may end up pointing the finger at yourself for something, consult a criminal defense lawyer before testifying. If you are not sure, be safe and consult a lawyer!

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Answered on 2/14/03, 1:58 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: witness rights

You may not be compelled to testify against yourself if you are implicated in a crime. Call me directly at (619) 222-3504.

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Answered on 2/17/03, 1:53 pm
David Diamond Diamond & Associates

Re: witness rights

YES YOU DO, BUT you may want to give us a call first if there is something you are worried about.

THANKS LARRY WOLF

310 277 1707

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Answered on 2/16/03, 6:56 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: witness rights

Thanks for your posting. A witness has the right to compensation at the county rate, mileage, after testimony is given, and also to avoid any testimony requiring you to be a witness against yourself.

Typically, a judge will want a chambers hearing regarding the nature of the 5th amendment privilege, and may require that independent counsel be appointed.

I hope this helps, and best of luck.

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Answered on 2/13/03, 3:36 pm


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