If I get a subpoena to testify do I have to go? Can I plea the 5th?...or what?
Answered on: 5/25/11, 8:50 pm by Roger Traversa
Yes, you must comply with a lawfully issued subpoena. Failure to do so could result in the imposition of court penalties. And yes, you can plead the Fifth. But, if this is a civil matter then the court can instruct the jury, or if no jury, can infer that your answers are in the affirmative. Alternatively, the court can compel you to testify if it believes you are improperly claiming the privilege against sel-incrimination just to frustrate the court.
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