Can I be compelled to testify against someone if I say I might have been a part?

[2 Chewz]

Iowa - But it doesn't matter.

Let's say Person A killed Person B, I somehow had evidence to that crime, but I'm sympathetic to Person A because I hated Person B. If I was compelled to testify, could I say "You don't know that I'm not a part of this crime, therefore I can choose to exercize my 5th amendment right", even if I wasn't a part of the crime?

 

[quincy]

Iowa - But it doesn't matter.

Let's say Person A killed Person B, I somehow had evidence to that crime, but I'm sympathetic to Person A because I hated Person B. If I was compelled to testify, could I say "You don't know that I'm not a part of this crime, therefore I can choose to exercize my 5th amendment right", even if I wasn't a part of the crime?

Simple answer: Yes. You can be compelled to testify. You can be jailed for your refusal.

There are exceptions to this, although none appear to apply to your question as worded. For one example, if your testimony implicates you in the crime or can subject you to criminal charges, you can invoke your Fifth Amendment right - unless you have been granted immunity in exchange for your testimony.

If you receive a subpoena (a summons) to appear in court to give testimony, you must appear in court. If you are reluctant to give testimony, you should discuss this with your own criminal defense attorney prior to your appearance.

 

[cbg]

Your 5th Amendment right only covers you if your testimony would implicate you in the crime. If your testimony would not implicate you, then you don't have a 5th Amendment right in that case.

 

[tranquility]

While quincy and cbg are correct in theory, it is difficult to push the rope of proving someone cannot implicate themselves if they testify. As one court said, �If the witness were required to prove the hazards he would be compelled to surrender the very protection the constitutional privilege is designed to guarantee.�

The courts use what is known as the "mere possibility" test, Hoffman v. U.S. 341 U.S. 479 (1951). Modernly, the courts tend to look to if answering might indicate participation in a crime. If so, if the answer would expose the witness to the possibility of prosecution. In the vast number of cases, the probability of prosecution is not relevant--only the possibility. Since the law now covers most any action one might take, many prosecutors will try to give immunity rather than overcome a witness pleading the 5th. Of course, there is always the possibility by failing to answer a court could find a person in contempt. Then, the witness will have to get their own attorney to fight for his constitutional rights--which is why it is always better to be represented by an attorney for advice when considering pleading the 5th.