Legal Question in Criminal Law in Pennsylvania
Pleading the fifth
Does a mother have to testify against her son in court?
2 Answers from Attorneys
Re: Pleading the fifth
There is no parent-child privilege. Testimony of the mother against the son can be compelled just as any other type of testimony.
As to "pleading the fifth", this is a right that all persons have. If anything you say may tend to incriminate YOU, then you are allowed to invoke the fifth amendment. You are not allowed to invoke the fifth amendment if your testimony will incriminate another person.
If you are thinking about using the fifth amendment, I recommend retaining your own attorney.
Re: Pleading the fifth
Simply put, yes, you can be compelled to testify against your son. Retain legal counsel before proceeding any further on this matter. In PA protected communications include, attorney-client, husband-wife, minister-congregation members, but not parent-child.