Legal Question in Criminal Law in Washington

Question about testifying

A couple weeks ago my dad assaulted me and he ended up in jail for a couple nights. I was told he was going to plead not guilty to the assault 4 charge which would send the case to trial. I was told i would have to come into court to testify, but i have also been told that i dont have to say anything and i can 'plead the fifth'. Which one is true? Can i get into trouble if i refuse to say anything?


Asked on 1/01/08, 8:49 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Question about testifying

They may both be true. You will be compelled by law to testify as an essential witness. You can assert the Fifth to any questions that may elicit an incriminating statement--but the Fifth only prevents you from incriminating yourself, not from testifying generally. If you have things to say that may get you into trouble you should probably hire a lawyer to be present with you and guide you as to which questions you need to answer and which you do not. The court may appoint an attorney to you if you tell the judge that you are concerned about incriminating yourself.

At your service,

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Answered on 1/02/08, 12:20 pm


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