I’m also wondering what would happen if I plead the 5th or simply said I don’t remember the incident? My current boyfriend slashed someone’s tires whom i was seeing while my boyfriend and I were on a “break” and I gave the police details. If i follow up with the truth I’m scared about what will happen to me from my current boyfriend..
You can't plead the fifth under the circumstances you describe in this post. Also, lying under oath is a crime, and is generally an ill-advised course of action.
You should comply with the subpoena and give truthful testimony.
If you are concerned about reprisal from your boyfriend you can raise those concerns with the prosecutor, victim's advocate, or other similar court official that should be available to you.
If you are subpoenaed to court, you must appear. Otherwise, the State's Attorney or judge can send the police to find you to bring you to court. You could be found in contempt.
The fifth amendment privilege against self-incrimination only applies to your testimony that would incriminate yourself. Your facts reveal you told the police the truth and your testimony has to be the truth. I do not see how the fifth amendment applies here. You should speak with a lawyer if you feel that your testimony would incriminate yourself.
You must tell the truth while testifying or it is perjury. You cannot say you do not remember when you do.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
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