Jacksonville, FL asked in Criminal Law for Florida

Q: On probation testifying against someone, will their defense try to make me incriminate myself? Do I need a lawyer?

In a intervention program for probation. On probation and testifying against someone involved in same incident

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3 Lawyer Answers
Michael Fayard
Michael Fayard
PREMIUM
Answered
  • Criminal Law Lawyer
  • Honolulu, HI
  • Licensed in Florida

A: I would absolutely recommend that you have a lawyer. And, being on probation means that you do not have some of the constitutional rights you normally would have if you were accused of a crime. In fact, lying can be a basis for violating probation or getting your intervention revoked.

Contact a lawyer well before you have to testify. It would certainly be in your best interest.

Terrence James O'Sullivan agrees with this answer

1 user found this answer helpful

Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: If you're in a diversion program or on probation, you need to protect yourself. I do not know all of the facts (and please don't post them on the internet). You're rights, specifically you're 5th amendment rights, may be limited due to your status as in a diversion program or on probation. Contact local counsel BEFORE making any statements to your PO or program manager.

I also agree with Mr. Fayard's response as it's spot on.

Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: Of course you need a lawyer...the rights normally guaranteed in an initial proceeding is not available in a probation hearing...get a lawyer!!!!

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