Legal Question in Criminal Law in Texas

a da wants to ask me questions about a family member-what are my rights


Asked on 6/20/11, 7:50 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Whether you are a witness or not and regardless of your relationship with the family member, you are under ZERO obligation to talk with with a prosecutor or even the police. It is your right to not talk to them at all. If you are not under subpoena, then you do not have to show up to court or to their officer. If they approach you in court, you can walk away. (Except, you cannot walk away from police who have a lawful detention of you. You can refuse to talk to them, though.) If you are under subpoena, you still do NOT have to talk to them but you do have to show up for court & if you are called as a witness, assuming you have no Fifth Amendment right to remain silent, then you do have to answer questions when you are on the stand. You can take a lawyer with you if you decide to participate in a discussion with the prosecutor. You can also leave the interview at any time, and without saying a word.

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Answered on 6/20/11, 12:09 pm


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