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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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If I am being called as a defense witness in Massachusetts ...

Resolved Question:

If I am being called as a defense witness in Massachusetts and my testimony requires me to admit to leaving the scene of an accident, Can I be charged with that crime a year later? Or would a non subpenad defense witness be allowed to plead the fifth ammendment.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Michelle replied 9 years ago.

Dear Customer

Have you been summoned or subpoened - what type of case is this that you are asked to testify.

Thanks for the additional information ~ Michelle

Customer: replied 9 years ago.
I have not been subponed or summonsed but I want to just go on stand and plead the fifth to put doubt in the juries mind
Customer: replied 9 years ago.
Michelle,
Can we hurry this along here. I need an answer fast because I need to go to work soon and this trial is wednesday morning.
Thanks,
greg
perhaps we could chat
Expert:  Michelle replied 9 years ago.

Dear Customer

Thank you for your patience. I have a few customers and it takes time to research and call up the law.

You can on the stand and plead the fifth - they can charge you. Hit and Run the Statute of Limitations is 3 years.

Best to you in this matter,

 

Michelle and other Criminal Law Specialists are ready to help you
Customer: replied 9 years ago.
I can take the stand and plead the 5th then even though I was originally a witness who said he would testify and changed his mind at the last minute. Is this correct?
Expert:  Michelle replied 9 years ago.

Dear Customer

Well, it will raise RED FLAGS - and will cause some concern - but you certainly can plead the Fifth - there could be a contention that you are deliberately trying to give misleading information and can give cause for a mistrial. Which might or might not be granted.