Legal Question in Criminal Law in Texas

Can I plead the 5th amendment in my daughters murder case?

My daughter is being charged with murder in Texas and the prosecutor wants me to testify against her. Do I have the right to plead the 5th amendment because I don't know much and have already given a statement pertaining to everything I do know. I just need to know if there are any legal ramifications to taking the 5th amendment from the bill of rights?


Asked on 1/13/08, 7:51 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Can I plead the 5th amendment in my daughters murder case?

The 5th amendment protects you from testifying to anything that you believe will incriminate YOU.

Once I subpoenaed a witness in a case, and the witness advised the judge that he was going to plead the 5th. The jury was excused, and the judge appointed a lawyer on the spot to advise and meet with the witness. The appointed attorney then advised the judge and attorneys that upon his advice, the witness would answer only his name and nothing further. The judge then excused the witness from testifying. Personally, I believe the judge was too heavy-handed in the whole matter, but a similar situation may work out for you.

That witness truly had relevant testimony, which may have incriminated him. If your testimony does not incriminate you, it will be difficult for you to avoid testifying.

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Answered on 1/14/08, 2:57 pm


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