Home | Links | Contact Us | Bookmark
Legal Forum Search :
   Homepage      News     Legal Directories      Legal Forum      Dictionary  
Legal Forum    Law Enforcement & Police
Legal Discussion Forum

 What do you think? About the smoking law in CA?
As Jan 1, it will be illegal to smoke in a car with a minor punishable up to $100. What do you think?...


 When you have a cellphone and say you needed help and called 911 can the police find out where you are because
your on the cellphone I always worry about that just wondering ?...


 when police car is on an emengency call and travelling over 50mph?

Additional Details
are they allowed to have there 2 red lights off at the back i know that i asked this but someone wanted to know more info about what i ...


 Poll For Thumbs Up For Our Man/Women In Blue? 700 Arrest In A Porno Ring! 31 Children Saved!?
LONDON - Authorities say police have shattered a global Internet pedophile ring, rescuing 31 children and rounding up more than 700 suspects in dozens of countries - including Canada.
The B...


 Drugs raid, police seize money....? what happens to it?
just curious if the police seize money in a drugs raid and the criminals are convicted what will they do with all the ...


 Is it illegal to resist arrest when the arrest is deemed unlawful?
...


 got a speeding ticket tonight?
i was going 52 in a 35 zone, and i was driving my moms car and i didnt have the valid insurance card with me it was at home, so the two charges were speeding 15 mph over speed limit and failure of ...


 Paris hilton's medical situation is stable, but she will continue to be monitored. But when I was in jail and
they placed my toliet paper across from my cell to taunt me, where was the press and M.D.'s to monitor my mental status? Oh I was in the mental part of the jail alright. That just ment they ...


 working with a criminal record.....is this possible in the government?
...


 Three cheers for the farce force.?
IF some thug comes into your house and you kick the **** out of him, then the police are likely to arrest you....


 What Do I Do If Someone I Know Is Planning To Burglarize Me?
Hello, I am 15 years old and a former friend is for sure planning to commit burglary at my house. He knows that I know but thinks the law cannot do anything as in his own words he says "their ...


 Who will judge Yahwe when He condemns those who cause innocence to stumble?
Read and pass on!...


 Need Police Officer or criminal law info?
7yrs ago my brother's wife accused him of attempted murder yet he was being threatened by her meth head airean brotherhood boyfriends and fled the country for his safety before knowing he was ...


 Do you think cannabis should be illegal?
Do you think cannabis should be illegal, or do you think adults living in a free country should have the decision of what goes into their body?

Do you think the state government should ...


 Can one be a police officer without a gun? 10pts best answer.?
Are police officers required to carry guns? What about dummy guns and/ or paintball and airsoft guns in place of real firearms? Yes, I understand the risk, but I am wondering if it is mandatory for ...


 is it true that most American robberies are committed by blacks?
is it cos they are subhuman or ...


 Is there really a fake PIN Number that triggers a silent alarm for people being forced to make withdrawals...
By armed robbers? Or is that just an Urban Legend?
Additional Details
But that would keep me from asking an interesting question and deprive someone of 10pts., Steve....


 dui question after party?
I was at a party and there was a fight and the cops came. They told me to leave or I would be arrested. I wanted to sleep there. I told them I was too drunk to drive and they were like "ok ...


 would it be legal for people with fire arms?
would it be legal for americans who own legal fire arms to all go to the usa mexican border and patrol it our selfs just untill they get it ...


 Will my boyfriend be sentenced to jail time?
He has 3 misdemeanor charges. He has simple possession of a controlled substance, simple possession of marijuana, and credit card fraud. Do you think they will give him jail time, probation,fines, ...



CURIOUS GEORGE
Can they make me testify against someone in Court?
I have a friend of mine that did something wrong (Texas Level 3 felony = unlawful possession of a firearm) and most likely I will subpoenaed to court because I was there, I was a witness. I got a phone call from the DA and she kept asking me questions about the "incident" where my friend who was also a prison guard employee had a loaded handgun in his car and his car was parked in the parking lot of the prison. A K9 unit searched the employee's vehicles in the parking lot and lo and behold, they found his loaded handgun. He claimed that he forgot to leave it home and he was not taken into custody, but he had to make a statement to the police though, his gun was taken away, and the prison warden pressured him to resign his job. The DA called me to ask me questions about my friend, because he, me, and many other employees were having our vehicles searched by this search team.
I continued to plead my 5th Amendment every time she asked me a question about my buddy. If she decides to subpoena me to the county court as a witness to this "incident", can I continue pleading my 5th Amendment? Can I decide NOT to provide "information" against my friend? Can the DA, the prosecutor, judge, and the jury make me talk against my will?

I know my friend since we were kids from elementary school, he is not a bad guy, he made a mistake and he had no intention of harming anyone. I don't want to testify against him or provide information to the prosecutor that can be used against him.



Show all answers
Post your answer

K W
Yes, you will have to testify and no, you cannot use the 5th Amendment.

Was this answer helpful to you?  Yes  /  No



Michael W
The fifth amendment does not apply in this situation and you will be forced to comply at penalty of perjury. The fifth amendment is protection from "Self" incrimation.

It does not apply to others.

Was this answer helpful to you?  Yes  /  No



Al
Rating
The 5th Amendment is invoked to protect you from self incrimination. However, it does NOT protect another party from what you have witnessed. Yes, under threat of Contempt Of Court, you can be compelled to testify. If you don't, the judge can throw you in jail and hold you there until you do testify.

Was this answer helpful to you?  Yes  /  No



Rod Law
Relax unless your friend has done something else wrong here is how it will play out. your friend messed up they want his resignation for public relation reasons. I gather he refused thus the felony charge. if he gets an attorney he can deal it out, his resignation in addition to a guilty plea to a misdemeanor charge. Once he does this he will get a yr or so of probation and its done. If he fights for his job they have no choice but to slam him.

Was this answer helpful to you?  Yes  /  No



DN4CER
You have no right to the 'fifth amendment' when you are you not being charged with a crime. You are a witness and have no right to the 5th.

You CAN be compelled to testify by the judge and if you refuse, you'll go to jail for Contempt of Court.

And you can be held indefinitely.

If you lie on the stand, then it becomes a felony.

Do the right thing and testify.

Was this answer helpful to you?  Yes  /  No



bustersmycat-RIP
The Fifth only applies regarding yourself. You can only refuse on fifth amendment grounds when what you would say could leave you open to some criminal charge (you cannot be made to testify against yourself, basically).

Failure (refusal) to testify leaves you open to contempt of court. Failure to testify truthfully leaves you open to a charge of perjury.

You have the option to refuse to testify, but that choice carries with it some very definite consequences. That is the choice you face.

Was this answer helpful to you?  Yes  /  No



CIH(Ret)
Rating
The 5th Amendment does not protect you from giving testimony against your friend. It only gives you protection from testifying against yourself. If you are potentially criminally involved, then the 5th amendment can be invoked to protect you from giving that portion of your testimony which would incriminate you. If you are subpoenaed, you must give testimony of your knowledge of the facts in the case even if it does harm to your friend. The only dodge that you may have is that when you are asked a question that you do not want to answer, you can simply say "I do not recall." However, if the judge knows you are lying, he can hold you in contempt of court for refusing to give truthful and complete testimony. In the case of contempt of court, he can have you locked up and fined if he wants. If you decide to refuse to give testimony in this case, proceed with caution.

Was this answer helpful to you?  Yes  /  No



JR
Yes, and they can also subpoena this question posted to Yahoo to impeach you later if you claim you don't know on the stand, so, yeah good luck with that.

Was this answer helpful to you?  Yes  /  No



Steve D
Rating
The ":Fifth" only protects you against incriminating yourself. If you try to plead the fifth on the witness stand the judge will most likely order you to answer truthfully or face a contempt of court charge, which will probably mean jail time. If you answer, but fail to answer truthfully and the DA finds out, you will be arrested for perjury and possibly face fines and/or jail time.

Unluckily, your only hope is to not get called to the stand.

Was this answer helpful to you?  Yes  /  No



Shogun
Rating
Well George you have been put in the proverbial place known as "between a rock and a hard place". As everyone has told you the 5th only applies to your own incrimination. You can be brought to court, sworn in and compelled to testify or jailed for refusing to answer. If you lie, and they can prove it you can be jailed for perjury, either way you loose your job.

I am confused as to how you can be a key witness unless you know for a fact that he always kept his firearm in the vehicle, and they can prove you knew. Otherwise I can't see how your testimony is going to hurt him. Send me an e-mail if you want to discuss this further.

Shogun

Was this answer helpful to you?  Yes  /  No



Bruce
Yes, you can be compelled to testify.

The Fifth Amendment protects you from self incrimination. It does not protect against the incrimination of a friend.

Was this answer helpful to you?  Yes  /  No



ahsoasho2u2
No, they cannot make you say anything, but; they can hold you in contempt for not saying anything, if it is know, that you do have actual first hand knowledge of the event.
First hand knowledge would be you were in the vehicle with him at the time the incident took place all else is assumptions.
As a correctional officer for many years, at a (Level 6) prison, I find this hard too believe, since your duties would or could be to transporting of inmates as a function of the job, therefore you could carry your own weapon and cannot store it in a locker at the prison, would have to comply with texas laws as to the securing of a weapon in a vehicle.
I am not a lawyer, but; in checking my knowledge, my beliefs system, concerning officers being allowed to carry concealed, on person, or locked in a vehicle, as POST certified, I did check out Texas codes:
1) Penal codes 46:02 (2) secured inside a persons motor vehicle (Not illegal under state codes)
2) 46.03 (d) (2) Defense as a guard employed at a penal institution
3) 46:035 (3) Correctional--when fails to conceal on person a weapon// Subsection H, Chapter 411, (Fails to carry concealed)
I my be off base but; what I see, is that you can carry as an officer, or you can conceal the weapon in glove box.
Now check with an attorney and ask why this law and what is the institutional law, why we cannot carry secured in a vehicle at all?

Was this answer helpful to you?  Yes  /  No






Archive: Forum - Forum - Links - Links1 - Links2 - RSS - All RSS Feeds
Trusted legal information for you. 0.024
Copyright (c) 2007-2010 Find Legal Advice Thursday, July 31, 2014 - All rights reserved - Terms of use - Privacy Policy