Legal Question in Criminal Law in Kansas

I was subpoenaed to appear and testify against my own father in a criminal case involving drugs. I don't want to testify against my own father so could I just plead the 5th or will I be help in contempt of court like the prosecuting attorney told me would happen if I didnt testify against my father. If not what about pleading the 5th on the grounds that your testimony may tend to incriminate myself. Would either of these work on getting out of testifying against my own father, if not is there anything I could do or say that would help my in my difficult situation regarding my father. Please let me know asap cuz the case is scheduled for Preliminary hearing on May 11, 2011 at 1:30 PM.

Thank you, John


Asked on 4/30/11, 8:04 am

1 Answer from Attorneys
Anthony Smith LawSmith

If you believe that answering a particular question could incriminate you, you may refuse to answer based upon the fifth amendment. If the Prosecutor gives you immunity ( and gets the federal government to do so also) the judge could hold you in contempt for continued refusals to answer. It is unlikely that they could get the feds to grant immunity. If your father's case is in federal court, it may be unlikely that they could quickly get a grant of immunity from the state. But it is possibly either way. You may need to discuss the case directly with an attorney in your area. They can talk to you about the specific facts of your father's case, and what liability or culpability you may have.

Good luck

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Answered on 5/06/11, 12:58 am


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