Can I plead the fifth as a witness testifying against someone if my testimony might incriminate me?

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Can I plead the fifth as a witness testifying against someone if my testimony might incriminate me?

Asked on November 30, 2011 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are called as a witness at trial and you are questioned about matters that possibly could incriminate you, you have your Constitutional Right against self incrimination under this country's 5th Amendment to its Constitution and refuse to answer the question. Possibly you could be granted immunity by the prosecution in exchange for your testimony.

I suggest that you consult with a criminal defense attorney about your situation and the best way to proceed.


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