Legal Question in Criminal Law in Virginia
In federal court in a criminal case if you are a defense witness and you have information that could determine a defendant's guilt or innocense at trial but the information could also self incriminate you; so to avoid that you deny any knowledge of the situation. Can that statement be used against you if you decide to come forward?
1 Answer from Attorneys
You should inform the federal prosecutor that either you must be given
full (transactional) immunity in return for giving your truthful statement regarding the matter or you will have to take the 5th Amendment in whatever forum or circumstance in which your are questioned regarding the matter in order to preserve your constitutional right against self-incrimination.
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