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5th amendment rights on supeona from prosecutor

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curt742000

Junior Member
what is the name of your state? arizona. i received a supeona to testify against the person who was caught smoking a meth pipe on video. i was in the car., my car. this event happened last september. we were stopped by sheriff. upon searching the vehicle the sheriff foundenough meth to file charges of transportation, sale, illegal dangerous substance, paraphanelia. they allowed me to go. no charges were filed on me. court date is the 16th of may. TOMORROW... the supeona is for the prosecution. no one has spoken to me about what i might say or not say. this person i'm sure has told them that i had knowledge of this . i received a phone call from this person he left the message , if i did not give him the phone number to the person it was bought from he was going to prison. i did not reply. i am clean and do not have contact with the drug world any longer. regardless that person changes his cell phone every 4 to 6 months and i am sure the DA knows this.. so if i were to admit to having the # that would make me guilty of a conspiracy to transport and sale. yes???? so when i go into court do i have the legal right to plead the 5th amendment to not incriminate my self. ??? could the judge find me in contempt and put me in jail anyway??? if i plead the 5th what will happen?? what if the judge orders me to answer the question.?? even if it is self incriminating.?? should i call the DA and tell him those are my intentions?? i believe this persons public defender is trying to prove that there was someone else involved and the meth was not for sale it was only for personal use. which he would get a lighter sentence. this is his first offense, he will not go to jail anyway.. but from the get go there has been no offer on the table for a plea bargain. this person is 21. please reply as soon as possible.. court is tomorrow. thanks.​
 
Last edited:


tranquility

Senior Member
To start, don't use a different font for your whole message, it makes it harder to read.

You can claim the 5th. If the reason is not obvious to the judge, there may be proceedures to determine if it is applicable to you. If the judge tells you to testify, ask if you can see an attorney before doing so. If he then orders you to testify, you have the risk of being held in contempt if you don't follow his instructions. If you testify to something which will implicate you on another crime, it *can* be used against you even if the judge told you to say it. (There may be defenses, but don't rely on them.) Because of this, you need to see an attorney before testifying.

There are requirements to plead the 5th if everyone forces the issue. It is technical and I don't know much about it. You need to see an attorney today, and pay him the money he asks for, if you believe the court will force the issue. Since the crimes you fear testifying about are so serious, I wouldn't testify without an attorney present to protect your interests. Pleading the 5th can often mean more than "I plead the 5th" when on the stand. It's well worth the money to have your own attorney guide you. You might have the attorney call the prosecutor (You don't want to do it as he may use your words against you later on.) and tell him the problem.
 

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