what are my rights as a citizen as far as testifying against someone?

Question

I was suponea'd to testify against my daughters father from the District Attorneys Office, i asked them to drop the charges but they refused what are my rights as far as a us citizen go can i plead the 5th?

Answer 1

A witness may not refuse to answer questions on the ground that the answers may reveal matters that may incriminate other persons. Generally, a witness may not refuse to answer any relevant question put to him or her unless the answer would incriminate that witness. One common application of this rule is the practice of providing limited transactional immunity to a defendant as to specific crimes, thus narrowing the protection against self-incrimination, and permitting a court to compel answers about those crimes. The victim of a crime may be detained and compelled to answer questions, as a material witness, even if the victim does not want to "press charges," on the theory that the crime is of public concern, and the right does not extend to other parties.

Answer 2

A wife can't testify against their husband, but other relatives aren't covered.

If you were involved in the crime then tell the prosecutor, that you will be taking the 5th. You can only refuse to testify if you have to admit being guilty of something. Only any evidence that incriminates you can be excluded. If you refuse to testify on anything else then you can be held in Contempt of Court and put into jail until you agree to testify. That means until you agree, no matter how long.

I don't know the rules on your daughter's father, so you had better ask a lawyer. If you were married at some point then spousal privileges may still apply.

The state decides what it wants to prosecute in a criminal matter, so if a law was broken then you can't stop the trial. However, someone has to file the complaint and swear or admit evidence that a crime was done. Rarely the state does this themselves; usually they want someone else to swear out the complaint first. They have to PROVE that a crime occurred.

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http://www.lawhelp.org/
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http://www.lsc.gov/about/grantee_links.php
http://www.thelaw.com/
http://www.flac.ie/
http://www.legalsurvival.com/

Answer 3

If you're subpoenaed, then you must appear in court. But all you have to answer is " I choose to assert my 5th amendment privilage" to any question you are asked. You can say that all day in court. It's your right!

Remember Detective Mark Fuhrman in the OJ trial? He asserted his 5th amendment privilage many times in that court room.

Answer 4

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Answer 5

Yes you have the RIGHT to say nothing, but you have the RESPONSIBILITY to tell the truth.

You'll have to wrestle with yourself from there.