5th Amendment

[CrizzyC]

I was charged with a felony and served time for Possession of a firearm without an FID card and now the Federal DA is trying to charge my boyfriend as well. The DA wants to subpoena me and I want to take the 5th amendment. am I able to do so? I was not charged with conspiracy. I was charged in Mass Essex DETAILS::::::County The police raided my house in 2008 in the house the found a shotgun and a half ounce of marijuana. My boyfriend was not in the house at the time so i was arrested. My boyfriend or should I say ex was on Federal parole at the time he is now serving a 33 month sentence for violating parole anyways. the gun was not mine however when we were going to court I was told I could plead out and do a year or take it to trial and end up doing 7 years. I am a 31 year old single mom and i was not willing to be in jail for 5 years while my teenage daughter grew up with someone else so i pleaded guilty to the possession of the firearms and possession of the marijuana and got sentenced to one year in Framingham, MA. Now a year later the feds want to subpoena me and i want to be over this already and i want to know if i could plead the 5th and not incriminate myself of purgery since the stuff was not mine yet I pleaded guilty to get a lesser timeWhat is the name of your state (only U.S. law)?

 

[FlyingRon]

Subpoena you for what purpose? If it's testifying against boyfriend, you can't take the fifth when they ask about that. I hope you had competent legal advice back then (from someone other than the prosecutor/police). Ownership is not required for possession as you probably well know.

 

[Mass_Shyster]

If your plea bargain involved an agreement to testify, they could revoke the agreement if you fail to testify.

If you are on parole and fail to testify, your parole may could revoked.

If you are granted immunity on the conspiracy charge and refust to testify, you could be charged with contempt.

You really need an attorney.

 

[BOR]

Is your case over? If it is, how can you assert your 5th AM rights? Anything you say won't incriminate you then unless you anticipate new charges against you.