Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
If you're involved in a crime and you've been offered immunity from prosecution in exchange for your sworn testimony in court, should you take it? On the surface, it sounds like a fairly straightforward exchange, but it can lead to long-term complications if you aren't careful. Even if you think you'll be entirely immune from prosecution, you should have a criminal defense attorney's advice before you proceed. This is why.
Immunity Is Given As A Last Resort.
For the most part, prosecutors usually give immunity when they feel like they have to in order to get to the truth of a matter. If they're willing to offer you immunity from potential prosecution, they figure that the defendant's alleged crimes are far worse than anything you're likely to admit to on the stand. For example, if you got caught with a bag of prescription painkillers, the prosecutor may offer you immunity to get your testimony against your supplier.
Don't misunderstand the prosecution's motives, however. You aren't being given a chance to avoid prosecution out of the prosecutor's kindness or sympathy for whatever situation drove you to your crime. If the prosecution could try the case without your testimony and prosecute you as well, that's what would be happening. Your chance to use immunity in this situation only comes because there is someone the prosecution wants to see punished more than you.
You Can Still End Up Incriminating Yourself.
While immunity generally prevents you from being prosecuted based on anything that you say in court, it does not stop you from being prosecuted with independently-gathered evidence. Before you agree to testify in exchange for immunity from prosecution, you need to get the services of a criminal defense attorney. That's the only way to really understand what you might be risking if you take the stand, even with immunity.
For example, suppose you testify that you are part of a pain doctor's prescription drug ring—nothing more than a low-level seller. During your testimony, you admit to helping the doctor forge patient records to get the pills (a federal crime). The prosecution could use your testimony to launch an investigation into the billing and accounts at the drug clinic. If he or she finds independent evidence that you tampered with paperwork in order to conceal the drug ring, you can still be prosecuted. What's more, you will have essentially given the prosecution a road map that will help them build a case against you that gets around your immunity.
You Probably Can't Flatly Refuse.
Flatly refusing to testify to protect your own interests may not really be a viable option, either. The prosecution can grant you immunity whether you want it or not, which means that you can be held in contempt of court for refusing to testify at all.
Your attorney can help you understand what potential questions your immunity makes it safe to answer and which ones should still cause you to invoke your Fifth Amendment right against self-incrimination. That way, you aren't entirely refusing to testify—just selectively invoking your rights. At times, that may be the best possible way to deal with the situation.
You Want The Deal In Writing.
Finally, an attorney can protect your future rights by making sure that the deal for immunity is in writing and properly enforceable. Relying solely on the word of the prosecutor that you'll be protected from prosecution for your testimony can be a critical error. A true deal for immunity should be in writing, with a judge's signature on it. Otherwise, it may not hold up in court.
For example, actor Bill Cosby recently discovered that what he thought amounted to a lifetime deal to avoid prosecution for sexual assault in exchange for his testimony in civil court is unenforceable. The deal was only a verbal agreement between Cosby and the now ex-prosecutor.
Witness immunity can be a blessing if you're hoping to avoid prosecution for a crime in which you're involved—but it needs to be handled carefully. You need the counsel of a defense attorney in order to make sure that your interests are fully protected.
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