Ok, heres the situation: my friend recently did quite a few things that are against the law and is now on the run on a stolen 4-wheeler. Now here is the question, If I am brought in and questioned about what he has done and what I know, do I have the right to pleade the 5th and remain silent, or am I obligated to tell them? Also If I am in court testifying do I have the right to remain silent?
WAG (i’m sure someone more knowledgable will be along shortly)
The right to remain silent pertains to suspects, and they can refuse to answer questions on the grounds it will incriminate them or somesuch. Witnesses have no such right, the judge can direct you to answer a given question, and if you refuse you are in contempt of court. The one addendum to this being, you cannot be forced to testify against your spouse. I believe that what I have stated applies to british law, i don’t know if it applies in the US, and it could be wrong anyway.
The Fifth is protection against self-incrimination. So if you did not commit a crime, it does not overly apply here. On the other hand if you entered into conspiracy with your friend, or if aided him, or harbored him, you may claim the protection.
Further, without a court order, you need not answer any questions from the police. (I think you must identify yourself if asked.)
All in all, your buddy has screwed up his life (if not the lives of others) and is well on his way to screwing up yours.
Get ye to a law office. Before you need to.
IINAL but I’m not sure if this is correct.
This is not the right place to get legal advice. For legal advice, you should consult an attorney licensed to practice in your jurisdiction.
There are some general primciples to the rules against self-incrimination, but I am uncomfortable talking about them in this context, since you have a real live situation in front of you, not a hypothetical. I am not your lawyer. You are not my client. I’m likely not licensed to practice in your jurisdiction.
Consult a lawyer where you live.
Failure to report the commission of a felony, even if nobody asks you about it, is a crime in some jurisdictions. See http://www4.law.cornell.edu/uscode/18/4.html
When your freedom is at stake, you should consult a lawyer rather than a message board. I’ll close this thread.
bibliophage
moderator GQ