Zerny
join:2007-05-04
Fort Gratiot, MI
| Testify
I know this is a legal question, I am being summoned to testify about a assault n battery because I was a witness, do i have the right to take the 5th and not say anything? and my children are there also, do they have the right to summones them being on 8 years old? |
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Mickeyme
Things are not as they seem
Premium
join:2008-09-05
Carson City, NV | Yes, the fifth covers people being asked to testify against themselves or a spouse.
You can be held in contempt of court if you refuse to say anything if you are not the defendant or the spouse of the defendant.
And, Yes to the 8 year olds. |
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boognish
Premium
join:2001-09-26
Baton Rouge, LA
clubs:
| reply to Zerny
Why wouldn't you just get up there and tell the truth. You can't take the 5th unless you are testifying against yourself. »en.wikipedia.org/wiki/Taking_the_Fifth
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don't get 2 close 2 my fantasy |
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Zerny
join:2007-05-04
Fort Gratiot, MI | reply to Zerny
because i had a relationship with the assaulter and i dont want to relive details of the relationship again. Are they going to question me about the incident or are they going to being up details of our relationship that i dont want to relive? |
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AZwldcats
Ummm That's Right
join:2001-02-20
Tucson, AZ
clubs:
| said by Zerny  :because i had a relationship with the assaulter and i dont want to relive details of the relationship again. Are they going to question me about the incident or are they going to being up details of our relationship that i dont want to relive? That's not self incrimination, Can;t take the Fifth... |
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Zerny
join:2007-05-04
Fort Gratiot, MI | reply to Zerny
Well we went to conseling after i ended my relationship and this assault happened, I had to relive it once in the conseling center and i didnt want to relive it once more |
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McSummation
Mmmm, Zeebas Are Tastee.
Premium,MVM
join:2003-08-13
Round Rock, TX
 ·AT&T Southwest
| reply to Zerny
You have to testify unless you were married to the person at the time of the assault.
The defense lawyer is liable to drag out every piece of dirty laundry about you they can find in order to discredit your testimony.
Your child should not have to testify. A decent defense lawyer will shred the testimony of a minor. |
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CylonRed
Premium,MVM
join:2000-07-06
Bloom County
·Speakeasy
| reply to Zerny
said by Zerny : Are they going to question me about the incident or are they going to being up details of our relationship that i dont want to relive? No one but the lawyers who are going to ask the questions can answer this. |
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ChiTang
Premium,MVM
join:2002-08-23
Alhambra, CA
| reply to Zerny
The fifth is for protect you from self incrimination. If you are not involved (only happens to be there to witness), you got anything to hide, just tell the truth about what you saw. If you are trying to take the fifth to protect someone, you know the consequence and it will be you own call.
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I used to be indecisive, now I am not sure. |
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HardwareGeek
join:2003-11-15
Brooklyn, NY | My cousin was abused by her husband, when it came to trial she was afraid to testify and they basically threatened to put her kids on the stand if she didn't testify. |
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vircotto
join:2002-06-04
Illinois | reply to Zerny
If this is truly a serious problem for you, I assume you can consult a lawyer and see if there are legal grounds to file a motion to quash the subpoena. (Maybe there is a defect in the subpoena.) |
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Jeffrey
Bye George, 1937-2008
Premium
join:2002-12-24
Long Island
clubs: | reply to Zerny
This sounds like too important of a question to be asked here. Find a lawyer in your area. |
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Backspace
Will SCOTUS Let This Fake Be Pres?
Arbitrary Text
join:2001-12-30
Upper U S
·Verizon Online DSL
 ·Comcast
 ·1and1
| reply to Zerny
said by Zerny :I know this is a legal question, I am being summoned to testify about a assault n battery because I was a witness, do i have the right to take the 5th and not say anything? and my children are there also, do they have the right to summones them being on 8 years old? There is some bad advice in this thread. Questions that should have been asked before all of the advice was given are:
1. Is this a criminal or civil action?
2. Who issued the summons or subpoena; prosecution, defense, or plaintiff?
3. For whom will you be a witness? The assaulter or the assaulted?
4. Where did the assault occur? Asked because you are so close to Ontario.
My advice is to consult with your own attorney and check with a child advocacy group in your area about your children's rights.
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»www.obamacrimes.com/
»www.anobamanation.net/ |
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ultracooldave
@verizon.net
| reply to Zerny
If you have already been properly served with a summons you must testify truthfully-I would tell anyone not wanting this that you have no choice, if you have not been officially served you could disappear for a few months if it is that important to you.
If you are interviewed by investigators you MUST give truthful answers or you can can charged. be careful with this! If you have already lied to investigators you need a lawyer to correct this and you may be able to take the fifth but you should be very concerned. Assume everything you have said to investigators has been recorded.
if you care about your own freedom you will need to give up on covering up anything regarding your relationship with the assaulter. |
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Hayward
K A R - 1 2 0 C
Premium
join:2000-07-13
Key West, FL
| reply to Zerny
Did you make a statement, at the time of the crime... if so they can question you about that statement... but anything further... what works so well for gov and finacial people I don't recall/remember sadly (in those cases) does work.
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»haywardm.com (Hayward's Key West)
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joako
Premium
join:2000-09-07
Gainesville, FL
| reply to ultracooldave
said by ultracooldave :
If you are interviewed by investigators you MUST give truthful answers or you can can charged. I don't think you can be forced to talk to an investigator. I wouldn't.
Don't talk to the cops, nothing good can come from it, even if you are 100% innocent.
»video.google.com/videoplay?docid···BA&hl=en
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09:F9:11:02:9D:74:E3:5B:D8:41:56:C5:63:56:88:C0 |
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ultracooldave
@verizon.net
| reply to Zerny
yes, you MUST answer questions, refusing to do so can be a crime if it can be shown you had evidence and did not tell, however you can adopt the "Perry Mason" approach of -"I will provide a proper statement at the proper time, please give me a written list of the questions you want answered and I will answer them after consultation with an attorney if needed LATER!!!!!!
If I were a witness to a crime I would assume that just because I was there, that I would be viewed as possibly involved in the crime by any investigator who would ask questions with this in mind, you need to be extremely careful with your mouth! On the one hand you want to be a good citizen and help with the solving of the crime and on the other hand you don't want to be charged with something in making statements you really did not mean to make. |
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joako
Premium
join:2000-09-07
Gainesville, FL
| I am talking about out of court... if they want to ask you a question they can sned you a to testify. But if an "investigator" calls me and tells me to come in to answer questions, hell no.... watch that video.... police and prosecutor's job is to arrest and convict people, nothing more. Prosecutor and police department get to split any property they seize, even before you are found guilty by trial.
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09:F9:11:02:9D:74:E3:5B:D8:41:56:C5:63:56:88:C0 |
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ultracooldave
@verizon.net
| reply to Zerny
I don't disagree with you, be aware that you are likely to be recorded either on the phone or personally by someone who identifies himself as a investigator, my personal plan is I will only identify myself with any questioning by an investigator, too many innocent people have been charged with crimes by being stupid with their mouths and in recent years investigators have lost all credibility with me. I really require a list of questions to be studied before answering anything however innocent the question may seem, its a shame we have so many shady investigators expert in tricking people in saying stupid things. |
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yock
Eschew the False Dichotomy
Premium
join:2000-11-21
Fairfield, OH
| reply to Zerny
You have a right to Fifth Amendment protection if your testimony would incriminate yourself. If you have no risk of self-incrimination, then there is no Fifth Amendment protection and you're simply refusing to testify.
It's going to be especially difficult for you if you refuse to testify because this relationship is part and parcel to the assault. Suddenly you're withholding evidence.
You need to speak to an attorney yesterday. |
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