Asked in Domestic Violence for Oklahoma

Q: If I am a victim of domestic abuse and have been subpoenaed can I plead the 5th when asked to testify?

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1 Lawyer Answer
Evan Humphreys
Evan Humphreys
Answered
  • Domestic Violence Lawyer
  • Guymon, OK
  • Licensed in Oklahoma

A: If you are asked a question and you believe the answer would implicate you in a crime, you can plead the Fifth. Unfortunately, however, victims of domestic abuse have no blanket right to refuse to answer questions when they have been subpoenaed. The Oklahoma Constitution and the Oklahoma Victim's Rights Act both give crime victims other rights, such as the right to be kept informed about the status of the criminal defendant's case and the right to refuse an interview request made by the criminal defendant or their attorney (but the victim cannot refuse to appear when they have been subpoenaed.

You can find a list of your rights here:

Constitution: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=84842

Statute: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=459389

Your local domestic violence center can be a good resource to learn about your rights. You can find centers here: https://ocadvsa.coalitionmanager.org/contactmanager/contact/publicdirectory

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