I wad Subpoenaed by prosecution, but i
dont want to testify. Is there
anything i can do. Doni have to answer
questions to both sides even though i
do not want to. What rights do i have?

Asked on March 20, 2017 under Criminal Law, California


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

Answered 3 years ago | Contributor

A subpeona is an order for the court to appear at the date and time specified. If you fail to appear as required, then you can be subject to fines and/or jail time. That having been said, if you think that your testimony will in some way incriminate you in the crime being investigated (or even another crime) you can plead the 5th. That measns that you can refuse to answer the questions asked of you if you beleiiee that doing so it will violate your 5th amendemnt rights against self-incrimination. Otherwise, you must give testimony.

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