There is currently a criminal trial against me, but I have a hearing for restraining order separate from the criminal trial (but it pertains to what criminal trial is about). It seemed as though the magistrate made it seem as though I have no 5th amendment rights in the hearing. This bothers me, because I know the police are going to be in this hearing and they already twisted my words before. I can't afford an attorney at all (even on BAR indigent programs), so any advice on how to answer questions without giving criminating info? Can I plead 5th?
Yes, invoke your 5th amendment rights. Get an attorney to represent you on the criminal case and the CPO case. Save the money, borrow it from friends and family, work extra hours, put it on your credit card.
This answer is for general purposes only and does not establish an attorney-client relationship.
You can plead the 5th and I would do so. The criminal case is obviously the more daunting matter. You cannot afford to say anything in the CPO matter that will get you convicted. I agree with my colleague. Hire a good attorney.
I agree with other counsel--absolutely plead the fifth and get an attorney! Prior testimony can be used against you--including a finding of domestic violence in the CPO. You should consider asking for a continuance pending the criminal case outcome, as there is likely a temporary protection order through the criminal courts, anyway.
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