Question: My boyfriend was arrested on some serious charges the other day. That night, the lead investigator came to me and said he would not charge me for the same crimes if I acted as a witness. I was scared and I accepted his arrangement. Because I was threatened with jail and the possibility of YEARS in jail, I told him what he wanted to hear. The things I told him implicate my boyfriend and myself. Now I dont want to testify because I feel its wrong that what I said could ruin his life. Im willing to face contempt of court but is it possible to avoid that by refusing to testify due to my fifth ammendment rights? I cant implicate my boyfriend without implicating myself right? I don't trust the investigator to just let me go just like that.
Answer: Here is how it will go. You will assert your fifth amendment privilege. The prosecutor will grant you immunity from prosecution, thereby eliminating the fifth amendment privilege. Then when you refuse to testify the judge will ordered you jailed in contempt of court until you decide to testify. I have not seen anyone last more than a week in jail. I would love to read an answer by any other attorney, because I assure you they are guessing as to what will happen. I have lived thru it on more than half a dozen occasions.
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