Legal Question in Criminal Law in Virginia

Re: Grand Jury

You have asked a very complicated question that isn't well suited to short answers. I will try to give some answer but you need a full briefing given your specific facts with an attorney. This is critical.

The Fifth Amendment of the US Constitution protects you against giving information to incriminate yourself against criminal prosecution.

There are circumstances where the fifth amendment is not applicable and they are too many to list.

You waive your fifth amendment protection by answering the question which may or may not incriminate you.

Whether you have fifth amendment protection not to answer any legitimate question put to you by a prosecutor once you are compelled to appear and answer is up to the judge presiding.

Since fifth amendment protection extends to being compelled to bear witness against yourself, the example of giving your name would not trigger the proection since there is no direct way the recitation of your name would provide evidence of your guilt of a crime. It may help the police find you but it is not evidence of guilt.

I hope this helps.

Good luck.