Lincoln, NE asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska

Q: Question about constitutional rights in criminal cases, that have more then one defendant

If offered a plea deal agreement to not testify on another criminal case on either the defendant or the states behalf, but can’t take the deal until the other defendants case is over, is it against constitutional rights of other defendant if they can’t call in that witness

1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: The defendant can still call the witness as part of that defendant's constitutional rights to call witnesses. However, even if the witness is called, if the witness is a potential co-defendant, they may not have to actually say anything if the 5th amendment right against self-incrimination applies ("plead the 5th").

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.