Testifying in an alcohol possession case

[VKorchagin]

Pennsylvania

My friends held a party at their apartment, and a 17-year old girl was present. She drank too much and the next day claimed that she was raped because she did not remember anything. An investgation ensued, and the rape test proved negative, as we knew it would. However, she or her parents were unsatisfied, and have decided to sue my friends for supplying alcohol to a minor. (Neither were 21 at the time of the party.) I was called in to give a written statement because I "supplied" alcohol (my 24-year old friend bought it for me, and we delivered it to the party.) Now there is to be a preliminary hearing, and I am called upon to testify.

My questions: does my written testimony count for anything? (I'm pretty sure I was not read my Miranda rights.) Could I be charged with anything, even as a witness? Do I have the right to say "I don't recall" when questioned about drinking at the party?

Thank you.

[snostar]

Originally Posted by VKorchagin

My questions: does my written testimony count for anything? (I'm pretty sure I was not read my Miranda rights.)

Under the circumstances they were not required to read you your rights, and your written statement will likely be reference in court and admitted into evidence.

Could I be charged with anything, even as a witness?

Possibly. Contributing to the delinquency of a minor, endangering the welfare of a child, are charges that come to mind.

Do I have the right to say "I don't recall" when questioned about drinking at the party?

Lie? Sure, and then you can add perjury charges to the list.

[VKorchagin]

Could I plead the fifth?

[snostar]

It depends on the question and if the judge approves. It is likely they will be interested in asking you questions about where the party was, who was there, who was drinking, and other questions that would not incriminate you. It would be wise to consult with an attorney about your rights during testimony.