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?

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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 10 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. 


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