Originally Posted by
ScottGem
Ok, First I don't see how the 6th amendment applies. One does not "plead" the 6th amendement. However, the 5th amendment allows a witness to refuse to answer if they feel the answer will incriminate them. It would be one thing to plead the 5th if he himself is on trial. Most juries will then assume guilt. But if he's not on trail and pleads the 5th, its possible the prosecutor will them put him on trial.
In addition, it may be too late to plead the 5th if he's made a statement to the ploice.
Anbd yes he needs to get his OWN attorney and listen to that attorney. The brother's attorney has their best interests at heart, not your son's.
I suspect the DA is offering diversion to get him to testify against the brothers.