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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I received a subpoena to be a witness in a Criminal case about

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I received a subpoena to be a witness in a Criminal case about mortgage fraud, I'm afraid I can get in trouble if a give my testimony or maybe get charges … Can I take the 5th and then ask for granting a immunity ?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 6 years ago.
Hello,

You cannot be forced to testify against yourself or to incriminate yourself, so if your testimony would expose you to potential criminal charges, then you can invoke your right to remain silent under the 5th Amendment. As for how you might want to work out an immunity deal, if I were you, I would hire a local criminal defense attorney to assist you in negotiating a deal with the prosecution now before your testimony. Normally, if you show up at trial and invoke the 5th, at that point it won't help the prosecution if you come back later and say you will testify under a grant of testimonial immunity. So, it is better to discuss before your testimony is due.
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