I recieved a subpoena from both the defense and the prosecution in a califprnia third strike criminal case where the defendant is a personal friend of mine. i would like to practice the 5th amendment in the case. do i have the right to in this situation?
replied to: luvpink2727
Replied to: I recieved a subpoena from both the defense and the prosecution...
Yes. A hearing may be held outside the presence of the jury to see if you have a valid Fifth Amendment claim, which from your message, you don't seem to have.
Please also be aware that if the District Attorney feels on his or her own that your claim is spurrious, they can get a grant of immunity to force your compliance with the subpoena. If you persist in your claim the judge will in all liklihood hold you in contempt, at which time you are immediately taken to jail. In this form of contempt it is said that "the prisoner has the keys to his cell", meaning that whenever you are ready to testify truly and fully, you are released from jail.
You could flea the jurisdiction before trial, but there will probably be two arrest warrants for you.
I've got a few close friends and none of them is in danger of the "Big Bitch", but if they were I would have already found a new friend after the second felony. (I assumed from your question that it was a third felony.)
Let me know how it turns out. Best advice--obey the subpoenae to the letter of the law.