What is the name of your state (only U.S. law)? Washington County, Maryland.
My video surveillance camera (no audio) captured a theft from a vehicle. I really didn’t want to get involved with this, but a neighbor (that I really, really disliked
) had her visiting nieces purse with $300, prescription medications and a wedding ring stolen from her vehicle at roughly 2:00am. It happened in their rear yard, right next to where I park my truck and have my video camera pointed. I have no idea who the alleged thief was, other then this neighbor telling me it was the nieces aunt.
The neighbors, husband and wife, both have criminal records 5 miles long and wide. They've since been evicted, the property was declared condemned from a large dog they abandoned (yep, dog poop all over the newly remodeled apartment), and they stole electricity, bypassing the meter. I had a gut feeling why I didn’t like them and they proved my feeling right. Anyway, this neighbor asked if my camera captured the theft. It did and I burned a copy of the low quality video to a DVD for them because I felt sorry for the niece.
About two weeks later a city police officer came to my house and asked if I have a better quality video. I told him "no." Another week or so went by and I get a subpoena to appear in court for the State's Attorney. I called the SA's office to ask why I needed to appear. She told me "I am a states witness but I may not be called to the stand because the niece may just plead guilty." I didn’t think about it until later but this sounds like a pre trial hearing and I'm wondering why I have to appear. I also told the states attorney "I really don't want to get involved and I plan on exercising my 5th amendment right." The SA didn’t ask me any questions nor did she comment on my decision to not get involved.
Before this gets long. I don’t trust any of these neighbors. One got away with some pretty serious drug charges (selling crack to a drug task force agent) by turning snitch. My instincts, and yes I'm judging these neighbors by their previous criminal history (public record in Maryland) tell me something is fishy. I don’t even want to be involved at this point, but I will be appearing in court.
Lastly, these neighbors told another neighbor "They found out the aunt wasn’t the one that stole the items." If they know that someone else stole the items, I have to wonder why they don’t get involved to help their niece.
A few questions.
1. Can I exercise my 5th amendment right if called to the stand?
2. What exactly do I say, to make it legal, when exercising this right?
3. Because I already told the officer that questioned me that my camera did capture the video and "no" I didn’t have a better quality video, can I still exercise my 5th amendment right in court?
4. Like I said, I do not trust any of these neighbors and I feel this whole thing could end up, either I have to appear in court more then once (if the alleged thief pleads not guilty), or somehow this bunch could, or someone else could ask me a question on the stand that would implicate I was involved in some way. What would you do?
I may just be over reacting but the same day I received the subpoena in the mail I came across these video's.
Eight reasons even the innocent shouldn't talk to the police.
Disloyal Opposition: Eight reasons even the innocent shouldn't talk to the police
You all have helped me tremendously in the past. I view this board quite frequently because the way the legal system runs fascinates me. I get an odd enjoyment out of the exact wording of the law, and I'm so glad to see there's a board like this to help those of us when we have questions. A huge "Thank You" in advance for all the advice the members freely give, and a huge "Thank You" for any suggestions you can offer me.
edit: The alleged thief is being charged with...
CR.7.104 THEFT: $500 PLUS VALUE
CR.6.206.(b) ROGUE AND VAGABOND
WILLFUL MOTOR VEH. (DAMAGING, TAMPERING) W/O OWNER'S CONSENT
My video surveillance camera (no audio) captured a theft from a vehicle. I really didn’t want to get involved with this, but a neighbor (that I really, really disliked
) had her visiting nieces purse with $300, prescription medications and a wedding ring stolen from her vehicle at roughly 2:00am. It happened in their rear yard, right next to where I park my truck and have my video camera pointed. I have no idea who the alleged thief was, other then this neighbor telling me it was the nieces aunt.The neighbors, husband and wife, both have criminal records 5 miles long and wide. They've since been evicted, the property was declared condemned from a large dog they abandoned (yep, dog poop all over the newly remodeled apartment), and they stole electricity, bypassing the meter. I had a gut feeling why I didn’t like them and they proved my feeling right. Anyway, this neighbor asked if my camera captured the theft. It did and I burned a copy of the low quality video to a DVD for them because I felt sorry for the niece.
About two weeks later a city police officer came to my house and asked if I have a better quality video. I told him "no." Another week or so went by and I get a subpoena to appear in court for the State's Attorney. I called the SA's office to ask why I needed to appear. She told me "I am a states witness but I may not be called to the stand because the niece may just plead guilty." I didn’t think about it until later but this sounds like a pre trial hearing and I'm wondering why I have to appear. I also told the states attorney "I really don't want to get involved and I plan on exercising my 5th amendment right." The SA didn’t ask me any questions nor did she comment on my decision to not get involved.
Before this gets long. I don’t trust any of these neighbors. One got away with some pretty serious drug charges (selling crack to a drug task force agent) by turning snitch. My instincts, and yes I'm judging these neighbors by their previous criminal history (public record in Maryland) tell me something is fishy. I don’t even want to be involved at this point, but I will be appearing in court.
Lastly, these neighbors told another neighbor "They found out the aunt wasn’t the one that stole the items." If they know that someone else stole the items, I have to wonder why they don’t get involved to help their niece.
A few questions.
1. Can I exercise my 5th amendment right if called to the stand?
2. What exactly do I say, to make it legal, when exercising this right?
3. Because I already told the officer that questioned me that my camera did capture the video and "no" I didn’t have a better quality video, can I still exercise my 5th amendment right in court?
4. Like I said, I do not trust any of these neighbors and I feel this whole thing could end up, either I have to appear in court more then once (if the alleged thief pleads not guilty), or somehow this bunch could, or someone else could ask me a question on the stand that would implicate I was involved in some way. What would you do?
I may just be over reacting but the same day I received the subpoena in the mail I came across these video's.
Eight reasons even the innocent shouldn't talk to the police.
Disloyal Opposition: Eight reasons even the innocent shouldn't talk to the police
You all have helped me tremendously in the past. I view this board quite frequently because the way the legal system runs fascinates me. I get an odd enjoyment out of the exact wording of the law, and I'm so glad to see there's a board like this to help those of us when we have questions. A huge "Thank You" in advance for all the advice the members freely give, and a huge "Thank You" for any suggestions you can offer me.
edit: The alleged thief is being charged with...
CR.7.104 THEFT: $500 PLUS VALUE
CR.6.206.(b) ROGUE AND VAGABOND
WILLFUL MOTOR VEH. (DAMAGING, TAMPERING) W/O OWNER'S CONSENT
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