As a witness against a friend who is being tried for felony drug possession, can I invoke the 5th for certain questions which I am afraid may incriminate me?

If I do not have money to retain my own attorney, can I ask for a court appointed attorney to assist me with appropriately pleading the 5th?

Asked on October 2, 2015 under Criminal Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if you believe that a certain question will incriminate you personally not your friend of a crime, you may decline to answer it on 5th Amendment grounds. You have to invoke the right question by question for each individual question, that is. 
No, you will not be given a court-appointed attorney for this purpose court-appointed attorneys are only available for eligible persons when they are actually charged with crimes.

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