My boyfriend and I had a DV case and he is in jail never been to jail before I am pregnant with his child and just want him home. The DA subpeona me to court but I do not want to testify. Can I just plead the fifth?I know that I have to go to court or I will be sent to jail I just need to know if my fifth amendment rights exsist in this matter
the fifth amendment is only to stop yourself from incriminating yourself in a crime. If you were the victim this would not apply. If you lied to the officers, then mayybe you can plead the fifth but the DA might give you use immunity to testify (ie you won't get in trouble for anything you say under oath) Also the court can hold you in contempt for failing to answer questions. You should talk to an attorney about this to protect your rights.
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You can only use the Fifth Amendment privilege if what you will say under oath could cause you to be subjected to criminal prosecution yourself.
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