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Do I have the option of taking the Fifth Amendment when

called to testify by subpoena...
Do I have the option of taking the Fifth Amendment when called to testify by subpoena in a criminal domestic violence case in which I'm the victim and if so what are the ramifications
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Answered in 7 minutes by:
11/24/2016
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,867
Experience: Experienced Licensed Attorney
Verified

Thank for your follow up.

Unfortunately, the 5th Amendment only applies in cases where the person might incriminate himself / herself and not when the testimony might incriminate another person.

I wish you the best of luck!

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Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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Customer reply replied 1 year ago
What if I feel my testimony May incriminate me

Thank you for your follow up.

It would be up to the judge to determine whether answering any question at the testimony might or might not incriminate the person who is testifying and the judge in some cases might do so in his/her chambers.

I wish you the best of luck!

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,867
Experience: Experienced Licensed Attorney
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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