Legal Question in Criminal Law in Florida

D.A. told me that he would give me immunity to compel testimony from me when my original intention was to "plead the 5th" to avoid personal incrimination. D.A. also said that immunity would not protect me from a possible violation of probation due to admissions I may make during immunized testimony. I am on state probation in an unrelated matter, which of course, forbids any "unlawful" behavior. I know that probation officers are not under the same evidentiary burden of proof when it comes to violating probation. *****My question is...Can I be compelled to testify under immunity when the testimony I may give could incriminate me for violation of probation? Does "pleading the 5th" include protection from incrimination re probation violation as mentioned above?


Asked on 11/19/09, 11:13 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Yes, you can be compelled to testify and you cannot "plead the fifth." Anything you say is immune, and it cannot be used against you when you are compelled to testify in this manner. Essentially, you could confess to murder, and they couldn't use the testimony in a trial against you.

Read more
Answered on 11/24/09, 11:30 am


Related Questions & Answers

More Criminal Law questions and answers in Florida