Legal Question in Criminal Law in Texas

Can my testimony be used against me?

I received a DUI and was discharged without bail. Before my hearing for which I was placed on probation I was involved in an accident where alcohol was involved. My friend was driving and I was the passenger,after making sure that my friend was okay and the passengers were being seen to my boyfriend picked me up. I left before the officers got there. I told an investigator who that I had had one drink but that neither myself or the driver were impaired in anyway. I have been supeonaed to testify in civil case against my friend who was driving but refused to take the breathalizer test. My question is if I testify in the civil case that I had a drink as a minor

can this be used against me in a criminal case.I'm afraid that because of my testimony I may be charged with MIP and this would violate my probation. Should I refuse to incriminate myself by not answering the questions about what I had to drink. They already have a statement from me saying that I did. The law states ''No person may be forced to bear witness against themself in a criminal trial, and no testimony given in a criminal trial may be used against the witness except to prove perjury, however, discovery shall be reciprocal.''


Asked on 12/28/05, 8:16 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Can my testimony be used against me?

Yes, your testimony can be used against you in a motion to revoke your probation.

But, first I need to know if all of this occurred before you were placed on probation.

If it occurred before you were placed on probation it would not be considered a new offense and could not be considered for revoking your probation.

There are two types of violations. One is a new offense and the other is a technical violation. A technical violation would be something like not reporting as directed or not completing community service or some other probation condition.

If my office can be of any assistance or if you have any more questions feel free to contact me.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

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TylerJustice.com

9035939100

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Answered on 12/29/05, 2:28 am


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