Legal Question in Criminal Law in Nebraska

Plea the 5th?

I have been called as a witness for a criminal case however I wasnt totally truthfull when I gave the taped statement to the police. I have court today @ 2pm. Can I plead the 5th to questions that may incriminate me. If I tell the whole truth and nothing but the truth I beleive that I could be charged with false information to an officer. If I dont tell the truth I could be held in contempt I have a clean record no misdemeanors or felonies. What should I do????????


Asked on 6/03/04, 12:05 pm

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: Plea the 5th?

If it is possible that you would face prosecution for something, you can claim your right against self incrimination under the fifth amendment to the US Constition and equivalent provisions of the Nebraska constitution.

You may have been found to have waived your fifth amendment rights if you talk about anything related to the crime (false information) before claiming your right against self incrimination. The prosecutor can offer you immunity against prosecution and compel you to answer anyway. Since your statements can't be used against you under the grant of immunity you can't rely on your right against self incrimination under the fifth.

If you have questions and are faced with contempt etc for not answering, ask to have an attorney appointed to advise you if you can't afford one yourself.

DON'T LIE ON THE STAND!!!!! It's morally wrong, and is a felony in itself. It's far more serious than false information which is a misdemeanor. It also could open you to prosecution for obstruction of justice, aiding and abetting the crime the defendant is charged with etc.

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Answered on 6/03/04, 1:51 pm


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