Question:

If I am a state witness in a criminal case brought against a family member do I have to testify?

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A family member I worked with at the same company is charged with embezzlement. I found out about it and made a police statement but do not want to testify against this family member. Can I plead the 5th or do I have no option but to testify?

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  1. Depending on what other evidence the prosecutors have, you may or may not be called as a witness. If you are called, though, you'll need to testify.


  2. if u state witness, then yes , u testify, y plea the 5th, do u know what that is or means? have them put u n witness protection, cause your family may come after you. on the real, you will be required to testify, u can deny and u may get harassed by the DA, not an ez case

  3. If you plead the 5th, that is against self incrimination, did you do something wrong? Were you involved? If you plead the fifth, that is what the prosecutor will assume, and then you will be under investigation.

    Look, if they did the crime, family or not, then they are responsible. Knowing that you work there also, and they put you in jeopardy just makes it that much worse, obviously, they did not consider you when they embezzled, only their greediness.

  4. You must testify if called to do so, or face jail time for contempt of court. Even if you were involved (conspiracy or accomplice), you could be forced to testify if they gave you immunity from prosecution for your role.

  5. In regards to the 5th Amendment, that is only in regards to self incrimination.  So, if you did not do anything illegal (involved in the embezzlement), then you cannot plead the 5th.

    If you are subpoenaed, then yes, you must testify.  If you do not, you could be arrested for not following a court order.

  6. They will get you for being in contempt of court and give you a few days in jail to change your mind about testifying..

    By not testifying after you made a statement will make it look like you have no credability or lied. The defense will run with that.

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