Subpaoened...

[knowlegeispower]

I have been subpoenaed as a witness for the state to a court case where my friend is being charged for driving my car under the influence and leaving the scene of an accident. He is facing up to 4 years in jail for what he committed. I talked to the third party in the vehicle at the time and he is giving me false information which leads me to believe he is siding with the defendant in this case. My uncle received a call from the defendant in which the defendant stated he will in so many words try everything to not get pinned down for a charge he is claiming not to have committed. The third party witness is simply an acquaintance of mine and a good friend of the defendants so it is easy to see how they are planning to pin something down on me, however the arresting officer saw the defendant driving and this is definitely playing for me. I do not know if I should obtain a lawyer for this case or not as a witness. My question to you is how I should approach testifying simply because it is two people who are lieing, saying I drove the vehicle. Should I plead the fifth when asked if I was driving to avoid false repercussions. I mean this in the sense that because two people are contradicting me, the judge might take there word and say I am committing a serious crime of some sort where the truth really is in what I will say. If I plead the fifth when asked if I was driving, then would I cover myself against wrongly guided charges from the state? I am worried this might turn against me because the defendant and witness are conspiring against me, and pleading the fifth will make me treated as a hostile witness. Is it possible for this to just be dropped at this point? What's the worst that can happen? Please help this will affect my desire to change my life.

 

[CdwJava]

The third party witness is simply an acquaintance of mine and a good friend of the defendants so it is easy to see how they are planning to pin something down on me, however the arresting officer saw the defendant driving and this is definitely playing for me.

If you were not driving, you should not have anything to worry about.

I do not know if I should obtain a lawyer for this case or not as a witness.

You have not been charged, so why would you?

You cannot refuse to answer questions at court unless your answers might tend to incriminate you (i.e. plead the fifth). If you will no tbe forced to admit to criminal activity, then there is no problem there, either.

My question to you is how I should approach testifying simply because it is two people who are lieing, saying I drove the vehicle. Should I plead the fifth when asked if I was driving to avoid false repercussions.

You tell the truth.

You will almost certainly not be permitted to plead the Fifth. If, for some reason, you do get away with pleading the Fifth, you may well be charged as you will have two people pinning the offense on you and no testimony at all by you. And just how is the defendant going to defeat the officer's observations? Is the defense going to claim you all engaged in a Chinese fire drill to switch places in the car at some point when the officer was not looking?

You can always consult an attorney beforehand, but do not expect to be able to get out of testifying. You might also consider bringing this information to the police or a prosecutor so as to give them some idea of what might happen at trial. They might be able to help cover you.

Now, if you really WERE driving, then you should seriously consider speaking with an attorney Monday morning.

 

[Ohiogal]

I agree with CDW however I will caution you that you CAN face charges for negligent entrustment possibly AS WELL AS be sued civilly for damages and injuries. I would encourage you to talk to an attorney.