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?
2 Answers from Attorneys
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.
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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