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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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I have been subpoenad as a witness in a criminal proceeding

Resolved Question:

I have been subpoenad as a witness in a criminal proceeding by the prosecution and defense. The prosecution's subpoena was left at my door. The defense's subpoena was personally handed to me. The jury selection is scheduled for Monday, August 3rd. The trial will be scheduled the following Tuesday-Thursday. To date, I have not spoken with either party. I would like to plead the fifth since some of my testimony may be self incriminating. How does pleading the fifth specifically work? Can I just state my name, etc. then plead the fifth. Or do I have to answer any questions they ask with the exception of any that I feel may be incriminating?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 8 years ago.
Thank you for using JustAnswer!

As you know, you have to honor the subpoena and appear in court. With respect to invoking the Fifth Amendment, you can only do that in response to questions where you believe the answer would implicate you in a crime.

In other words, you just can't invoke the Fifth Amendment and answer no questions. You have to answer all questions posed to you. When your answer could implicate you in a crime, your response is that you respectfully XXXXX XXXXX constitutional rights under the Fifth Amendment.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
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