Legal Question in Criminal Law in Massachusetts

I was charged with a felony and served time for Possession of a firearm without an FID card and now the Federal DA is trying to charge my boyfriend as well. The DA wants to subpoena me and I want to take the 5th amendment. am I able to do so? I was not charged with conspiracy.


Asked on 3/29/10, 9:25 am

3 Answers from Attorneys
William Harrington Law Office of William T. Harrington

You have the right to invoke your privilege against self-incrimination if your truthful testimony may tend to incriminate you. The fact that you have been convicted of a crime by Mass. Does not bar the Feds from prosecuting you based on the same conduct. The double jeopardy clause does not protect you as the second prosecution would be by a separate sovereign.

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Answered on 4/03/10, 11:51 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Feel free to contact me directly to explore this important matter further.

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Answered on 4/03/10, 2:33 pm
Gregory Casale Gregory Casale Attorney At Law

You should definately consult with an attorney. You can always invoke your 5th Amendment right against self incrimination, but you really should have more detailed assistance with this. Do not post facts about this case online. Speak privately with an attorney.

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Answered on 4/04/10, 7:16 am


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