Who is given immunity in court to plead the fifth? - Criminal Law Questions and Answers- LawQA.com

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Who is given immunity in court to plead the fifth?

Who is given immunity in court to plead the fifth?

Answer By Jared Austin
Austin Legal Services, PLC
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I'm not sure what you mean. Immunity and invoking your 5th Amendment privileges are two different things. Immunity is given by prosecutors which means that your testimony cannot be used against you to bring criminal charges against yourself. If it is offered then you must take it. Invoking the 5th Amendment right against self incrimination applies to anyone accused of a crime or who could possibly be implemented in a crime due to a particular line of questioning. If you feel that your testimony in court could incriminate yourself, you can invoked your 5th Amendment rights. I would advise consulting with a lawyer first.

Answer Applies to: Michigan
Replied: 8/24/2011

Answer By Andrew Subin
Law Office of Andrew Subin
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Immunity is given by the prosecutor, usually in exchange for information about a crime. The 5th amendment is available to any citizen. It states that you have the right to remain silent (you cant be forced to testify if that testimony will get you in criminal trouble.)

Answer Applies to: Washington
Replied: 8/15/2011

Law Office of Sara Sencer McArdle
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Anyone who might be charged with a crime for answering the question unless they are given immunity.

Answer Applies to: New Jersey
Replied: 8/14/2011

Answer By John Carney
Law Offices of John Carney
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You can take the Fifth anytime you might be charged with a crime. You cannot be forced to admit to a crime. You can refuse to testify unless the prosecutor grants you immunity from prosecution. In that event you must answer the question or you will be charged with contempt of court and be held in jail until you agree to answer the questions.

Answer Applies to: New York
Replied: 8/13/2011

Law Office of Phillip Weiser
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Only a person who is asked questions which could implicate him in a criminal act can use the 5th amendment as a right not to answer questions. If the questions do not put you in jeopardy of being charged with a crime, you cannot use the 5th amendment.

Answer Applies to: Kansas
Replied: 8/11/2011

Edward  D. Dowling IV Attorney at Law
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Your question is too vague and it appears that you are mixing up two different concepts. Immunity generally means that the prosecutor will not prosecute someone in excvhange for their testimony ( usually about some other crime- this is generally known as being a cooperating witness to help the police convict someone else ). Taking the fifth means you are refusing to testify on the grounds that ding so will tend to incriminate yourself in a crime. Sometimes the two can apply to the same person and sometimes they are totally different.

Answer Applies to: New York
Replied: 8/11/2011

Answer By Joseph Iarussi
Advanced Litigation Services
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Any one can plead the fifth if the believe the answer to a question might incriminate them.

Answer Applies to: Nevada
Replied: 8/9/2011

Answer By Maury Beaulier
Beaulier Law Office
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Any person who may incriminate themselves in a criminal offense by providing testimony may invoke the fifth amendment. The fifth amendment provides protections which prevent individuals from being compelled to act as witnesses against themselves. This is the right to remin silent that appears in Miranda warnings.

Answer Applies to: Minnesota
Replied: 8/9/2011

Harden Law Offices
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The 5th Amendment is one of the most misunderstood legal doctrines by lay people. Essentially the 5th requires that a person have criminal liability in order to assert their right to remain silent. This means that if testimony would implicate you then you can assert the right to remain silent. In NH the judge is required to have a Richard's hearing prior to the assertion of the 5th. It is very common that witnesses need an attorney to represent them in a court matter to protect and assert their rights. Most criminal defense lawyers will be happy to speak with you about a witness problem for no charge. Good luck.

Answer Applies to: New Hampshire
Replied: 8/9/2011

Answer By Wayne Brucar
Brucar & Yetter, P.C.
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They are two different things. Immunity means the State will not prosecute you based on what you say in court. Pleading the Fifth means you refuse to answer questions in court as the answers may lead to criminal liability. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.

Answer Applies to: Illinois
Replied: 8/9/2011

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