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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
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Experience:  Attorney
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I am a victim/witness in a trial. I attempted to purchase drugs

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I am a victim/witness in a trial. I attempted to purchase drugs from a dealer he shot and robbed me. There were no witnesses. This case is based on me identifying the shooter. Can my testimony about the drug transaction get me charges at a later date even though there are no witnesses Should i request transactional immunity, and can i request this. I
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 4 years ago.
Hello there:

Thank you for entrusting me with your question. The principle of corpus delicti basically says that no one can be convicted of a crime based on their testimony alone; in other words, there must be something to back up their claim that they have broken the law. If I walked into the police department and declared that I have robbed 10 banks, they would have a lot of questions for me, but without any other evidence to support my claim there could be no successful prosecution.

That said, you can refuse to answer any question that would tend to incriminate you, any incriminating statements that you make can be used against you, and "yes" law enforcement can offer immunity in exchange for your testimony. Since the guy who shot and robbed you is the "big fish" in this situation, it would typically be unlikely that law enforcement would be interested in prosecuting you if the transaction was small, but I nonetheless strongly recommend that you retain a criminal defense attorney to negotiate an immunity deal in your case--better safe than sorry.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
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