Can I plead 5th I don’t want to testify against my boyfriend regarding a domestic violence incident?

I don’t want nothing to do with the prosecution and I won’t cooperate. Can I plead the 5th amendment?

Asked on October 3, 2017 under Criminal Law, New Mexico


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, if you have been subpeonaed to appear in court then you must go. Failure to do so can result in fines and or jail time. Further, you must testify. The 5th amendment only has to do with your right not to incriminate yourself in the crime. So unless giving testimony will implicate you in this or any other crime, you cannot use it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.