If I was subpoenaed as a witness against my ex, can I plead the 5th?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was subpoenaed as a witness against my ex, can I plead the 5th?

My ex was arrested on criminal threats charges that I filed against him but I was not aware that they were gonna make me testify because when I asked them and they said they wouldnt need me to testify. I don’t want to testify as they have my statement and text messages; I emailed them.

Asked on May 19, 2018 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can only "plead the 5th" (that is, take your Constitutionally guaranteed right against self-incrimination) if your testimony would implicate YOU of criminal actions. You cannot refuse to testify against an ex for *any* other reason other than your own self-incrimination (that your testimony could help result in you facing criminal charges or conviction).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption