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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

Posted

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

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3 comments

Asker

Posted

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?

Judy A. Goldstein

Judy A. Goldstein

Posted

Not wishing to testify has nothing to do with your 5th Amendment right not to incriminate yourself. You have not pressed the charges. The state, through its prosecutor has pressed the charges. You are merely a witness.

Asker

Posted

Since I'm a mere witness. Do I have to testify? What can I do in this case? >

Posted

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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