If I have been subpoenaed for a second time in a criminal case do I have the right to plead the5th amendment if the questions may incriminate me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have been subpoenaed for a second time in a criminal case do I have the right to plead the5th amendment if the questions may incriminate me?
Do I have to testify exactly the same as I did the first time or can I still plead the 5th amendment if I feel that the awnsers I give might incriminate me in the case?
Asked on December 21, 2010 under Criminal Law, Alaska
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ok so you need to go an speak with an attorney in your area to discuss hiring him or her to represent you in this proceeding. It is unclear here how you answered in the first place. You always have a right to assert your Fifth Amendment rights against self incrimination but what you do not want to do is to perjure yourself by answering differently in a question from the first time around. So your attorney needs to obtain a copy of your first testimony and you need to discuss with him or he your concerns. Your discussions are covered by the attorney client privilege but your attorney can not support your perjuring yourself on the stand. Good luck.
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 AttorneyPages.com 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.