You have the right to take invoke your Constitutional Fifth Amendment - meaning anything you say might incriminate you - therefore you would invoke the right so that you would not be self-incriminating.
A jury would be instructed that you have the right to take the 5th and that such right does not mean you are guilty or innocent. So it does not appear that you are hiding anything. Many times, a person will take the Fifth when they are involved in a tax issue and questions are asked about thier income - because the prosecutor has the burden of proof; therefore to reveal an income would give them more evidence to prove their case.
Hopefully, if you are going in front of a grand jury you have consulted with a local attorney who can direct you on when you should invoke and when you should not.
You can be indicted even if you do take the 5th. It just means the prosecutor has to work harder to prove his case. But many times, the prosecutor has all the information they need - However, yes. The next step would be an indictment.
What kind of case is this? I would need that information before giving any suggestions on a defense.
So they are seeking an indictment on you for a conspiracy charge? If your BF is not a drug dealer and you can show that you earned the money that you had wired into the account that would discount their claim to a degree. The trick is to show that you legitimally earned the money, paid taxes on it, etc.
Yes, dear. I understand that. So, you would need to show where you got the money - that it was not his drug money being laundered. You would need to show that you LEGALLY EARNED the money and paid taxes on it - or that you inherited the money. That would be the only way that you would be able to show that it was not HIS drug money.
Short of that, I have no suggestions for you not being indicted. If he is not a drug dealer, then tell the truth. Do not take the Fifth. Have documents that can be presented showing you earned the money or that the money was some type of inheritance -
I still suggest, if you have not already done so, consult with a local attorney and NOT your BF's attorney. You need to have separate representation. Contact the Pennsylvania Bar Association for a referral.
You can say all day long that they money is not drug money, but unless you can show a legitmate resource for the money then they are going to win - because they are going to show drug deal after drug deal. If you did not know or was not aware of these matters, then a local attorney is going to be able to assist you - perhaps, get them to offer you a plea agreement of some type.
This has to be very stressful for you - consult with a local attorney will help you to relax somewhat
If you are going to represent yourself and have the documentation, you can contact the DA and give that information - stop this in its tracks. Or you can answer the questions in front of the GJ
But if you have that documentation, you should show it to the DA and not go through all this GJ proceedings.
I really can't give any more suggestions in this regard - my assistance is not legal advice and you really should consult with a local attorney to discuss a defense. This is a very serious matter and could result in incarceration. Do not take this lightly. Do a consult.
Best of success to you,
I am here
When "immunity" is offered it is usually in exchange for testimony against someone else or for information to get the other person convicted
- if granted immunity it means there would be NO CHARGES against that person now or forever regarding the instant matter.
It is offered because they feel that the person they are giving it to is "small potatos" so to speak and they feel that they can get a conviction with the information that person can provide. Sometimes it is offered because they want to destroy the relationship between two people. Which would mean they have all the evidence they need, but they want to wedge the relationship. It is not always a plesant thing.
If you are going to go before a grand jury and give information you should try to take the immunity - if you tell the truth and have the documents to back up your money then the jury is going to believe you - unless the prosecutor can prove otherwise. This is hard for me to tell you because I do not know all the details. What you want to do is make sure that the information you give is the truth as you know it. People know the truth when they hear it.
I can only make suggestions. And with that in mind, it is always best to tell the truth. If you TRULY feel that what you say will incriminate you - then you would take the Fifth. But if you are going to tell the truth and the truth will not incriminate you, why would you take the Fifth?
I really want this to work for you - have you considered consulting with a local attorney as to your options in this matter? Not your BF's lawyer but someone who will have your interest and protect your rights.
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