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How to plead the fifth amendment

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mkm7806moss

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Texas

I filed a assault case against my fiance back in Nov. of 2004, but later attempted to drop it. Recently, I recieved a subpeona to testify in the case as a witness, but I want to plead the fifth amendment. Do I need a attorney for that, or is there some other process. Also, my fiancee got a ticket in the mail for the case, but it offered for him to plead guilty or no contest and pay the fine. If he pleads no contest and pays the fine, will that go on his criminal record?
 


C

CheeseBlotto

Guest
The fifth amendment doesn't apply as you aren't accused of anything. It's not a free pass to decline to answer any questions in a courtroom.
 

racer72

Senior Member
The prosecutor will give you two choices, testify against your fiance or face charges yourself for filing a false police report. The fifth amendment applies to self incrimination, it is not applicable in your case. What will it take for you to open your eyes, your fiance seriously injuring or possibly killing you before you realize the choice you are making is foolish?
 

signat

Member
As far as I know, a plea of no contest just keeps a legal admission of guilt of the record, but there is still a conviction and I believe that would go on his record. Mostly, no contest pleas are used when a civil trial is pending on a criminal conviction. The accused may feel that entering into a plea of no contest in the criminal conviction may help their defense later in the civil trial because the plaintiff will not be able to admit a legal admission of guilt by the defendant from the criminal trial. Probably more info than you wanted. I have to agree here that the best thing for you to do is testify. If you refuse, you can be held in contempt. If you lie, you will be charged with filing a false police report. Don't let you boyfriend's poor judgment cost you more grief than it already has. Besides, a fine and a domestic assault conviction are survivable. Maybe he will learn his lesson : )
 

calatty

Senior Member
A no contest plea is the equivalent of a guilty plea. The conviction will go on his record. Since you cannot refuse to testify based on the Fifth Amendment, your only choice is to testify and lie or testify and tell the truth. If you lie, the prosecutor will be allowed to introduce the statements you made to the police when you originally reported the crime to show that you have changed your story and are now lying. That will not benefit your fiance at all.
 

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