Legal Question in Criminal Law in New York

fifth amendment

i filed a domestic violence case (had him arrested) against my husband(now ex-husband) the d.a. now ants me to come in to testify for grand jury indictment, I do not want to pursue this and i have told this to the d.a's

my ex-husbands lawyer said i can plead the fifth on the grounds i might incriminate myself -can i safely do this without being charged with something myself? should I obtain my own lawyer?


Asked on 3/15/06, 5:27 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: fifth amendment

I recommend strongly against using your ex-husband's lawyer as your only source for legal advice and counsel.

1. make an appointment with the DA and ask about dropping the charges.

2. consult with YOUR OWN lawyer on this matter. When you plead the 5th, you are saying that your testimony will form the basis of a criminal conviction against you!

You do not want the DA to become angry and charge you with obstruction of justice. An alternative is that the judge will charge you with contempt of court. These are not good options.

Get a lawyer, make an appointment with the DA, don't challenge the DA or the Judge to a contest of wills. The 5th is likely to be a bad idea for both you and your ex.

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Answered on 3/16/06, 12:18 pm
Robert Evans Robert S. Evans esq.

Re: fifth amendment

I would suggest that you retain your own attorney,who will accompany you to the D.A.'s office. Once there your attorney will convey to the D.A. that you no longer wish to pursue the matter. Your attorney will also be able to explain how you came to this decision, and that no treats or other coersion took place. My office does this sort of work and therefore you may contact me and I will be happy to offer more assistance or information.

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Answered on 3/16/06, 1:32 pm


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