Legal Question in Criminal Law in Florida

I am a material wittness for the State of, Florida on a criminal burglary case, can i plead the fifth? I did not wittness the defendant commiting the burglary, what happened was that i had called the police because i found some items in my house that i beleived my son brought in which i also believed were stolen so an officer came for the items and had me make a statement about the items found. The officer began to tell me about a burglary that had occurred near my home a couple of days prior which i knew nothing off, this all happened 2 years ago so in July of this year an arrest warrant was issued on my son for this burglary and my son has been in jail since and now they want to tie my statement that i wrote about me finding those items in my house to the burglary which i knew nothing off prior to calling the police, it wasn't until the officer told me about the burglary that i knew about it so i was served a subpoena to testify for the state against my son and i didn't show up so they issued a arrest warrant on me for contempt of court, i was arrested and the following day i saw the judge and after speaking with the judge he found me not guilty of contempt and released me but he did give me another subpoena for the trial was rescheduled and he told me to make sure i show up, but my question is am i obligated to talk or can i plea the fifth? Can pleading the fifth protect me, or can they hold me in contempt of court?


Asked on 12/01/10, 1:33 pm

1 Answer from Attorneys

Nicholas Dorsten Blake & Dorsten, P.A.

Sorry but the fifth amendment deals with SELF incrimination only. This means that you can refuse to incriminate yourself, however your testimony re: finding objects in your son's room would not fall under that privilege.

Good luck,

www.BlakeDorstenLaw.com

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Answered on 12/06/10, 2:39 pm


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