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Marsha411JD
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Category: Criminal Law
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Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My nephew was shot while selling marijuana to a friend who

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My nephew was shot while selling marijuana to a friend who brought with two very bad guys with. He basically was ambushed, even though it was about $500 worth of pot. This happened 6 months ago and my nephew hasn't been arrested, but the state/the prosecution needs him to testify against the two men who shot him. He has been told by the lead dectective in the case that they do not have any interest in arresting my nephew because he truly is the lowest level of drug dealer. (His roommate we know for a fact has already told the police that it was his drugs and that my nephew was just doing this deal because he knew the one guy.) Either way, the case is going to trial and my nephew will be asked obviously why he was meeting this guy, which he will have to admit to dealing marijuana. My nephew doesn't have an attorney and hasnt been charged but I think he should ask for a letter of immunity before he takes the stand to tell his story to help convict these guys. What is the best way to handle a situation like this?
Hello,

Thank you for the information and your question. You are absolutely correct. Your nephew should either invoke his right to remain silent on the grounds that it may incriminate him when he is asked why he was meeting this guy, or ask for testimonial immunity before he testifies. He should contact the prosecutor who has the case and let him know that he will invoke his right to remain silent without the immunity agreement. That said, he really should have his own criminal defense attorney working this out with the prosecutor because the prosecutor can use whatever he says in his discussions with the prosecutor or the police in working out a deal against him at trial should they decide to prosecute. So, that is why it is always better to have an attorney as a buffer who can represent your own interests.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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