Subpoena and Testifying

[Icemancometh]

What is the name of your state? California

I've been subpoena'd as a witness to experiences I've had with someone who I used to be close with in a case involving her and someone new. I previously testified at a Restraining Order to help the new person she is with but am now being subpoena'd to testify in court related to criminal proceedings involving her.

I don't want to testify. I don't want things brought up related to me and this accused person and most of all I don't want to say or admit something that I did that may have been criminal and end up in trouble for that later because of my testimony on the stand.

Can I take the 5th and say nothing to all questions? If not, can I do it for ones that might incriminate me (even though I am not being accused of anything)? Can I just say I don't remember or don't recall if I am worried about it being something I could get in trouble for later?

I really don't think I did anything criminal but I'm afraid for instance that I might say I recorded a call where the accused was threatening me or something like that and maybe the recording was illegal (and I didn't know that then).

I just want to respond by taking the fifth or saying I don't recall/remember

[seniorjudge]

Q: Can I take the 5th and say nothing to all questions?

A: Not unless you are guilty of a crime you do not want to incriminate yourself for.


Q: If not, can I do it for ones that might incriminate me (even though I am not being accused of anything)?

A: Yes.


Q: Can I just say I don't remember or don't recall if I am worried about it being something I could get in trouble for later?

A: Yes; then expect to be found in contempt of court if you have made prior statements about something that you suddenly have a memory loss on.

[Icemancometh]

So answer all questions truthfully -- yes/no but if something might be criminal of me then just say i take the fifth?

[CdwJava]

Careful, because selective taking of the fifth can also result in contempt charges. You can't refuse to answer some questions by claiming a fifth amendment privelege. If the answers will not incriminate you in a CRIMINAL act, then you can't just make the claim and refuse to answer.

My recommendation would be to consult your own legal counsel before you do something on the stand that ends up with you going to jail.

- Carl