Legal Question in Criminal Law in California

I have been subpoenad to court as a witness can I get charged with anything for telling the truth


Asked on 4/02/14, 9:27 pm

4 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

If there is a possibility that something you say might incriminate yourself you should be represented by an attorney. If you cannot afford one, ask the judge to appoint one to represent you. Under the Fifth Amendment you have a right not to incriminate yourself. That means you have a right to refuse to answer any question that might incriminate yourself. Make sure you have an attorney before you answer any questions.

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Answered on 4/02/14, 10:05 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Shapiro.

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Answered on 4/03/14, 8:00 am
Greg Hill Greg Hill & Associates

Absolutely. You may be thinking of the litigation privilege (Civil Code section 47). It applies to protect certain speech during testimony in court, such as that which may be defamatory, but there are exceptions. One of the exceptions is testimony that involves evidence of a crime.

Mr. Shapiro and Mr. Roach are correct - avail yourself of the Fifth Amendment if necessary. That is exactly what it is for. You cannot be compelled to be a witness against yourself.

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Answered on 4/03/14, 11:35 am
Terry A. Nelson Nelson & Lawless

Certainly not perjury.

If you admit to a crime, that could be charged. That is why you have 5th Amendment rights to refuse to testify if it would incriminate you.

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Answered on 4/04/14, 1:01 am


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