Q: Can a testifying drug dealer face prosecution?
I'm concerned about being prosecuted if I testify as a witness in a criminal trial in Charlestown, West Virginia. My friend is accused of being a drug dealer because he had drugs in his possession and expensive items like a 2024 Shelby Baja, gold bars, jewelry, and cash. He doesn't have previous drug charges but has other past charges. We were best friends in school, and I'm his drug dealer. The defense plans to label him as a drug user to get him into a program. I want to testify that he's not a dealer to help his case but need to know if I could face prosecution for my involvement as his drug dealer. Can my testimony lead to prosecution against me?
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A:
Based on West Virginia criminal law, testifying in the manner you describe would create significant legal risk for you. Under both state and federal law, admitting to being a drug dealer constitutes an admission to criminal conduct that could be used as evidence against you. The Fifth Amendment protects against self-incrimination, but this protection is waived when you voluntarily testify and admit to criminal activity.
If you choose to testify that you supplied drugs to your friend, prosecutors could use this testimony as direct evidence to charge you with drug distribution offenses. While there are limited circumstances where witnesses receive immunity for their testimony, this typically occurs when the prosecution arranges it in advance in exchange for testimony against someone else. In your situation, where you would be testifying for the defense to help your friend, no such immunity arrangement would likely be in place.
I strongly recommend consulting with your own criminal defense attorney before making any decisions about testifying. Your attorney could potentially negotiate with prosecutors for immunity in exchange for your testimony, though this would be unusual in a case where you're testifying for the defense. Alternative approaches might include discussing with your friend's attorney whether your testimony is truly necessary or if there are other ways to establish his status as a user rather than a dealer without putting yourself at legal risk. Remember that prosecutors have significant discretion in deciding whether to bring charges based on courtroom admissions, and drug distribution charges carry serious potential penalties in West Virginia.RetryClaude can make mistakes. Please double-check responses.
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