Big Bend Texas
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- Mar 14, 2022
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That isn't true, you can do so selectively. There's no possibility that every question would lead you to self incrimination if you answered.Once you take the fifth, you can't answer any other questions because then you would be waving your 5th amendment right. Your site doesn't say otherwise.
Witnesses and Selective Pleading
Criminal court witnesses can also take the Fifth if they feel that their response might incriminate them in the crime for which the defendant is being tried—or even in another crime.
But they have a special advantage. Unlike the defendant, they can selectively plead the Fifth. So, they could answer every question posed to them by the prosecutor or defense attorney until they feel that answering a particular question will get them in trouble with the law.
However, they can only plead the Fifth to protect themselves, not the individual on trial or anyone else. So your brother could be compelled to provide testimony against you—just not against himself.
All You Need to Know About Pleading the Fifth
All You Need to Know About Pleading the Fifth
bjsmithcriminaldefense.com
And again a witness may be compelled to answer.