Legal Question in Criminal Law in Minnesota

Re: Subpoena,testified,witness

You would have to take the stand if called and you cannot plead the fifth unless your testimony would have the possibility of implicating you in a criminal act.

Re: Subpoena, testified, witness

This question is difficult to answer via an internet bulletin board. There are often legal requirements which can appear to be contradictory. Resolving the legal conflicts which often arise in this situation, can be done, but is best done by having the reluctant, would-be "witness" retain their own lawyer, for legal advice, advocacy and representation. You have the legal right to do so.

I have represented alleged "victims" numerous times, to help them avoid testifying at a trial -- generally successfully so far. Though it is difficult to explain in this format, it can be done.

The basic problem is the prosecuting attorney represents the government and its police, but does NOT represent "the victim." Even though the Minnesota legislature passed a "Victim's Rights Act," it my view that most prosecutor's view it as an annoyance, and do whatever they like, regardless of "the victim's" wishes. That is why "victim's" so often turn to criminal lawyers like me for help in meting their goals, and reasserting control over their own lives.

In some cases, an alleged victim be required to incriminate themselves if they testify. In that situation, the could assert their Fifth Amendment privilege not to testify. A counter move by a prosecutor can sometimes be to offer "immunity." Immunity law is more complex than most people can imagine, and one prosecutor cannot grant full immunity, to simplify a bit. In my 20 years in criminal defense I have come to believe that there might not be one person in this nation who can successfully assert a Fifth Amendment privilege without a good lawyer helping them, by their side. Without your own lawyer, the prosecutor and-or judge would likely defeat that assertion in short time. There are other strategies as well.