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Fifth Amendment Rights

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KarlWoods

Junior Member
What is the name of your state? New Hampshire

I am being subpoenaed this wednesday. I just got the notice, so I do not have enough time to find some money for a lawyer. It is a possession of marijuana case. I am planning on pleading the fifth, but would like to know what I can do to keep myself from getting charged by the prosecuter. The person being charged has a clean record, and mine is not so great. It's obvious to me that I automatically look like the guilty party. I would like to keep myself out of this case, but without a lawyer, and without being appointed a lawyer by the court, what can I do to protect myself?
 


seniorjudge

Senior Member
KarlWoods said:
What is the name of your state? New Hampshire

I am being subpoenaed this wednesday. I just got the notice, so I do not have enough time to find some money for a lawyer. It is a possession of marijuana case. I am planning on pleading the fifth, but would like to know what I can do to keep myself from getting charged by the prosecuter. The person being charged has a clean record, and mine is not so great. It's obvious to me that I automatically look like the guilty party. I would like to keep myself out of this case, but without a lawyer, and without being appointed a lawyer by the court, what can I do to protect myself?
If you plead the fifth, that means you are guilty (or could be guilty) of something which will lead the prosecutor to be very suspicious of you (if he is not already suspicious of you).
 

xylene

Senior Member
Pleading the 5th is not an admission of guilt.

Having a record is not an admission of guilt.

Will the prosecutor be suspicious? Yes.

Will NOT pleading the 5th erase any EVIDENCE they have against you. NO.

Do not perjure yourself.

Have a prosecutor be suspicous of you, even charge you is a LOT better than perjury.

You CANNOT plead the 5th JUST to shield your friend.
 

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