Legal Question in Criminal Law in Texas

Testimony at Misdemeanor Drug Trial

My friend was charged with

possession of marijuana, a class B

Misdemeanor, when we were

together in my car. When the

incident happened, my friend

immediately asked for a lawyer. I,

however, spoke with the officer,

answered his questions and gave my

full cooperation. Legally, I could have

been charged as well but the officer

elected not to charge me. My friend

hire an attorney and decided to fight

the charges. The court issued a

subpoena for me to testify at the

court trial. If I give my testimony at

the trial I will self-incriminate myself

by admitting to being in possession of

marijuana. I have a few questions on

this matter. 1. Could, and would it be

likely, the D.A. charge me with

possession if i give my testimony? 2.

If so, would exercising my right to be

free of self-incrimination be cause for

the D.A. to charge me. 3. What

would happen if I exercised my 5th

amendment?


Asked on 8/11/08, 4:07 pm

2 Answers from Attorneys
Bristol Myers Bristol Myers & Associates, P.C.

Re: Testimony at Misdemeanor Drug Trial

You should retain an attorney to get a grant of immunity from the prosecution before you testify. Otherwise, you are correct that your testimony may incriminate you. If you were to be called as a witness and you "took the 5th," the prosecutor could get around that and force you to testify by granting you immunity anyway. You may not want to testify against your friend, but your decision to cooperate early on has already set in motion a course of events that puts pressure on you to do so. If you want to ensure that you don't get charged, get a lawyer to lock in the deal with the prosecutor. If you don't care so much about being charged and want to try to help your friend out by trying to not testify, you are correct that the prosecutor could retaliate against you by charging you, too.

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Answered on 8/11/08, 4:34 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Testimony at Misdemeanor Drug Trial

Based on what you have written, there are multiple avenues for the DA to potentially pursue. The subponea requires you to appear at court. If you testify, the DA could use your testimony against you. Your testimony would be sworn and then potentially become an admission on your part. If you were to exercise your right to remain silent, then the DA can get around your asserting your rights and still compel your testimony. It is best for you to consult with a local criminal defense firm to assist you with ensuring that you are not charged with any crimes. If my local criminal defense law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]) to arrange for an initial consultation.

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Answered on 8/11/08, 5:35 pm


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