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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34253
Experience:  16 yrs. of trial experience
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I've been asked to be a witness a in case against a

Customer Question

I've been asked to be a witness a in case against a defendant by the prosecution and the defendant's attorney has asked me to be a witness. Both have served me with a subpoena.
I extended a courtesy someone to used one of my business bank accounts and the defendant is saying that since that person was a person that she paid money to and he was connected to my bank account, I'm somehow the go between for her troubles. She lied to the police department and they have her on video making false statements.
I don't feel comfortable answering questions from either of the attorneys because right now I don't have an attorney. I don't know the defendant, I've never received any type of payment from her, nor have I ever rendered any type of service to her.
I spoken with the DA and with the defendants attorney. The defendants attorney obtained a subpoena to obtain my companies bank records and believes that the defendant paid me money, but she never has. However, it is possible that she paid one of my associate.
Is it best to assert fifth amendment privileges when ask any questions? What's the best way to handle a situation like this?
Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The 5th Amendment ONLY applies if your answers would tend to incriminate you.

So if they are asking questions where the answer could incriminate you? Then you can invoke your right to remain silent. Otherwise, you have to answer the question.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 11 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding