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Can an alleged victim use his/her fifth amendment right in FL state

Could I as the alleged victim use the fifth amendment right?

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Attorney answers (3)

Reputation Level 8
The fifth amendment right against self-incrimination is available to anyone, but there are consequences as with anything else. You should discuss your particular situation with a criminal defense attorney and not rely upon message boards for important advice. The courtroom is not the place to try out novel ideas for protecting your own self-interests. Contempt of Court and Obstruction of Justice are serious offenses that should not be underestimated.
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Varinia Van Ness
Varinia Van Ness, licensed in Florida

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Reputation Level 6
Interesting question...if it's a victim...why would the victim incriminate him/herself? Unless, the victim is not really a victim and it's a situation where there is mutual combat or an issue of self-defense. Keep in mind that if the State Attorney issues the "alleged victim" an investigative subpoena, immunity is automatically given to the "witness" and their words cannot be used against them and no evidence derived from their testimony can be used against them. So...be very careful and if there is potential for the "alleged victim" to end up facing charges, it may be best to hire a lawyer to contact the State Attorney and get more information before answering any questions.
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Reputation Level 9
As is generally known, the Fifth Amendment protects everyone from having to give information that might incriminate the person in some wrongdoing. If you as "alleged victim" simply do not want to provide information because the information might be embarrassing to you, or some other personal reason that does not relate to incriminating you, then the protection might not be available. You might have a right to refuse to press criminal charges, but a law enforcement officer might still want to obtain information from you, particularly if other potential victims are involved. Depending on how badly you want to avoid providing information, you should consider consulting with an attorney in your locality.
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