Ruckersville, VA asked in Criminal Law for Virginia

Q: can a witness plead the fifth after giving a statement to the cops

my husband is charged with a robbery,carjacking and two guns charges in the state of va. the witness doesnt want to go throw with it but the commonwealth is telling her that she has to. and the cops didnt find any gun or money but they did pick him up and he was in the car

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2 Lawyer Answers
Bryan J. Jones
Bryan J. Jones
Answered
  • Criminal Law Lawyer
  • Charlottesville, VA
  • Licensed in Virginia

A: Yes. If talking could put her at risk of any kind of criminal charge, she can plead the fifth.

Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: If the witness is simply refusing to testify, then tr witness could face charges of her own on the basis of obstruction of justice. However, if the witnesses testimony would potentially incriminate her in a crime, then the witness has a 5th amandment right against self incrimination. The witness should consult her own attorney. However, from your brief and incomplete description, I would expect the witness will likely end up teatifying even though she might no longer want to.

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