Legal Question in Criminal Law in Virginia

5th Amendment rights

My original question was: If a person is summoned to court to testify against someone and they dont want to can they envoke thier right to the 5th amendment.

Your answer was: No, a person so summoned to testify at a trial would have no Fifth Amendment right not to testify unless it regarded testimony which might incriminate(involve in a crime) the person in which case he or she could assert such Fifth Amendment protection. If the person, however, having no such right not to testify, simply refused to do so, he or she could be found in contempt of court and sanctioned accordingly.

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The person summoned was involved in the case, the 2 people were arrested together at the same time for the same charge, so do they have the right to plead the 5th?


Asked on 2/24/07, 10:59 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 5th Amendment rights

If summoned to testify at the trial of the matter, the person summoned would have the right under the 5th Amendement of the Constitution to refuse to answer any questions which might possibly incriminate or expose him or her to possible criminal liability as a result of such testimony.

The other person who presumably had been formally charged with a crime and who was the defendant on trial for which the other one had been summoned to testify, would also have the same absolute right to assert the same 5th Amendement right to remain silent and

not to testify at his trial.

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Answered on 2/24/07, 11:26 pm


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