Dear XXXXXXXXX - First of all I can't see how this would affect your Social Security unless there facts not presented. I would agree with what your lawyer said in that you cannot be forced to testify against yourself however there is one caveat to that. If the prosecutor grants you immunity from prosecution then you would have to testify.

Now the problem becomes whether or not you are lying on the stand or whether you lied previously. If you have immunity you cannot be charged with a prior crime but if you lie on the stand then that would be a different story.The prosecutor cannot grant you immunity from future crimes so the perjury would then make you open for charges being filed.

Assuming you intend to tell the truth on the witness stand there wouldn't be a problem but you could be leaving yourself open to further charges if you lie. Of course if the prosecutor does not grant you immunity you will not have to testify at all. The courts take these types of charges very seriously and generally do not permit citizens to file and then withdraw the charges.

David Kennett - JD - Attorney at Law

I would refuse to testify just like your lawyer said. If they offer you immunity from prosecution then you will have to testify or be charged with contempt of court. I cannot predict what the prosecutor will do but I do know that you should not testify unless you have immunity. Otherwise you will be charged with perjury.

Dave Kennett

Right - as long as you tell the truth on the stand you would be OK. But you first must have been granted the immunity from being prosecuted for the false statement. Do not testify unless you are granted the immunity.

Dave