Salt Lake City, UT asked in Criminal Law for Utah

Q: My girlfriend has been subpoenaed to testify for my preliminary hearing. Can she plead the 5th?

I understand that she has an obligation to go, but does she have the option of at least saying, "I don't recall" to the questions asked? Refusing to answer would bring her in contempt, but is there a way to legally avoid answering questions?

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1 Lawyer Answer
Aric M. Cramer
Aric M. Cramer
Answered
  • Criminal Law Lawyer
  • St. George, UT
  • Licensed in Utah

A: She must go and she must be truthful. If being truthful is going to incriminate her she must plead the fifth. If she must plead the 5th she'd better get a lawyer now. You two should not be trying to do this without an attorney - you're both going to end up in jail or prison.

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