I have been summoned to testify in a trial, but I plan to invoke my 5th amendment right from fear of further incriminating myself. If I do so, does this make me unavailable, and does the DA have the right to admit my statement into evidence as hearsay?
Criminal Defense Attorney
This is a very complicated question to which there can be no firm answer as it depends on a multitude of options, including the judge.
If you do take the stand and plead the 5th be prepared for the potential that your prior testimnoy may come in nonetheless