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Do I, as the victim, have the right to plead the Fifth Amendment in a case of "strangulation & abduction in Virginia courts?

Hampton, VA |
Filed under: Domestic violence

Yes , I filed the report but no longer want to testify against the defendant . The state took over this case as The Common Wealth vs Defendant . I was told I could offer a plea bargain of having the assault case waived and Defendant plead guilty of abduction . What are the reprecussions of pleading the Fifth Amendment ?

Why can't I plead the Fifth? What can I do if I don't want to press these charges anymore? What is the maximum time for Strangulation & Abduction?

Attorney Answers 2

  1. Based upon the few facts presented, as the alleged victim, you have no right to plead the 5th Amendment.

  2. The right to invoke the Fifth Amendment is dependent upon the testimony incriminating the person testifying. Unless you lied in your report, there does not seem to be a basis for your invoking the privilege.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.

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