Minneapolis, MN asked in Domestic Violence for Minnesota

Q: If I am subpoenaed to testify and am the victim in a domestic case can I refuse to testify or can I plea the fifth?

I do not want to testify I do not want this case to happen but I don't know what I can do to get it dropped.

Related Topics:
1 Lawyer Answer
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Domestic Violence Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: You can attempt to plead the fifth. But ultimately, you will likely be given immunity which means that you no longer have a fifth amendment right to remain silent. As a result, you could be held in contempt if you refuse to testify. Being held in contempt would likely mean that you would be held in custody until you were willing to testify. It would be worthwhile to consult directly with a criminal defense attorney prior to making any decisions about how you wish to proceed. Your significant other's attorney cannot provide you with legal advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.