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

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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

Answers:

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.


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