Advising Witness to Refuse to Testify
A criminal defense attorney determines from the totality of the circumstances and the substances of the witness's proposed testimony whether the privilege against self incrimination may be claimed. The test is whether the the answer to a given question would subject the witness to a possible criminal prosecution or assuming that such prosecution were initiated would be admissible against the witness in that prosecution Once prosecution is initiated by the government the scope of the self incrimination privilege is broad. The privilege against self incrimination applies if the witness would be subject to prosecution in either state or federal court. A witness may not claim the privilege if the fear of criminal prosecution is from a foreign government.
If you are arrested or charged with a felony, contact
Christine McGuire, the Santa Cruz Criminal Defense Attorney, Christine McGuire, the Santa Cruz Criminal defense lawyer.