My husband has been arrested in a 1 horse town that he use to live in and 2 years later they are putting a warrant for his arrest. He has been arrested and transferred back to this town in KY. I think he gave up a few names of drug dealers and they need him to testify against these people and doesn't want to. Can he pled the fifth or will that bring him in contempt of court. The charge they are holding him on is theft by deception- cold check over 300. They are saying that he took their money and left without giving the names of the people they wanted but what they are wanting is for him to testify against these people. So what is he to do??

Hello baby:

I don't know. That's the problem with snitching, you get caught between the people you snitched on, who hate you, and the cops, who hate you.

excon

If he was given immunity, then he can't plead the fifth and it would be contempt to not answer. If he was not given immunity, he can plead the fifth, but they can still prosecute him for the bad check charge.

The 5th amendment protects him from testifying against himself and/or his spouse. It doesn't protect him from testifying against anyone else. If he has been subpoenaed to testify against these people then for him not to do so would constitute contempt of court.

If he is in a one horse town. I suggest doing what the one horse officials want and then get the hell out of of dodge... I was raised in a one horse town and I will tell you the rules of the rest of the world does not apply there. In other words he is screwed... I also would not let the dealers know where I was going or anyone else for that matter. It would be nice if his family... with some money knew someone... lawyer.. judge. I would say that may be his only chance. If not he's screwed.

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Originally Posted by s_cianci

The 5th amendment protects him from testifying against himself and/or his spouse. It doesn't protect him from testifying against anyone else. If he has been subpoenaed to testify against these people then for him not to do so would constitute contempt of court.

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The fifth amendment protects against self-incrimination. If the testimony would incriminate the witness they don'thave to testify. For example:

Atty: what did you see on the night of...
Witness: The defendant was selling drugs
Atty: And what were you doing there at the time
Witness: I was his muscle

Since answering the first question would lead to self-incrimination the witness could plead the fifth.

The one issue with pleading the 5th is like excon said, if they give him immunity against anything he says, then he can't plead it.

Also even worst, if giving up these names was part of some plea agreeemnt on the original sentence, then he could be violating the terms of that agreement.

But if they are just using that charge of the check to force the names, they will take it to the max. he needs an attorney that is not part of the local click, normally not a public defender from that town.

He may want to try and change the jurisdiction of the case to a court not connected with that town.

I have a relation, and they had him on some more minor charges, he could have walked had he gave up some people, he would not, so instead of walking out of jail free, he is now doing five years since they pushed his sentence to the max because he would not testify against anyone else.