Newport News, VA asked in Criminal Law and Domestic Violence for Virginia

Q: If someone is your only witness and they plead the fifth are your charges going to be dropped

1 Lawyer Answer
Shemeka C Hankins
Shemeka C Hankins
Answered
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: Unfortunately, the answer is "it depends." There may be ways for the case to be proven without their testimony if the police were involved. They may not assert their fifth amendment privilege correctly and the court may compel them to answer the question or face contempt. It sounds like both parties need to consult an attorney because you can't assert the fifth just because one party doesn't want the other party to get into trouble. There are attorneys in this area who can give advice to each side about what may happen in court. Good luck!

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