Houston, TX asked in Criminal Law for New Mexico

Q: I was subpoenaed to testify against my boyfriend in his probation revocation.

Can I use the 5th amendment to be cleared from having to testify? We have been together for 5 years and have a child together.

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1 Lawyer Answer

Stephen Aarons

Answered
  • Criminal Law Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: No, the 5th AMendment only allows you to remain silent if your answer could cause you to be prosecuted. Because you were not married at the time, there is not spousal privilege. You must appear for the subpoena and testify truthfully.

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