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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27090
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was summons to appear in court, louisiana, Yes, can

Customer Question

My son was summons to appear in court
JA: Since laws vary from place to place, what state is this in?
Customer: louisiana
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: can my son not. Testify and plead 5amt because of a text to pick up weed from a known drug person
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Sydney-Lawyer replied 9 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Zoey_ JD replied 9 months ago.

Hello, my name is ***** ***** I am a US criminal defense lawyer. Can you give me some background here.

Is your son a witness or is he a defendant? If he's a witness has he been called by the defense or by the prosecution? What is the proceeding at which he is to testify? That is, is he being called to testify before the grand jury? At a hearing? At trial?

Expert:  Zoey_ JD replied 9 months ago.

The general answer is that yes, he can. Your son cannot be required to answer questions which would incriminate him and subject him to prosecution. So if he's asked about his involvement in a drug deal, he would be able to take the 5th as to that question. It would be best that he have a lawyer, however and go over when he should take the 5th with that attorney, who could be there to protect his rights.

If he's a prosecution witness and the prosecutor wants him to testify badly enough, they can grant your son immunity from prosecution in exchange for his testimony. If he could get something like that, he would be required to answer rather than take the fifth, but his testimony couldn't be used against him.

If you require additional information, please post your follow up here on this question thread, and I’ll be happy to provide it.

If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or 5 stars, as that is the only way that JustAnswer gives us Experts credit for our work here. You would still be able to ask further follow ups about this incident for no additional cost, even after I've been rated.

Expert:  Zoey_ JD replied 9 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.