Q: what is pleading the Fifth? Isn't that only for defendant? I don't have a subpoena yet, but I think I will have to testify. The problem is, I said things to the police while I was angry. Now my fiancee is being charged, I don't want to testify against him, I love him.
A: Hi, thanks for your question.
The way I
understand your question is: You gave an earlier statement to the
police, your fiancee was charged as a result. Now, the court is trying
to see whether the charges against your fiancee are proven beyond a
reasonable doubt, and to do that you may be called to testify.
The problem you are facing is that if you are called to testify
truthfully, and do not, will the prosecutor decide to charge you with
perjury (which is the technical name for making a false statement)?
Perhaps you should seek a one-to-one consultation with an attorney to
see what else you need to defend against.
"Pleading the fifth" is not only available to defendants, but also to witnesses, who may be chargeable as defendants.
Again, I suggest you talk to an attorney (preferrably not the same attorney your fiancee has) for more advice.
Yours,
Nancy
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