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Criminal

Oct. 13, 2009

When Witnesses Invoke the Fifth Amendment

Public defenders Richard La Fianza and Frank Loo provide pre-trial tips on what to do with a witness who plans on invoking the Fifth Amendment.

CRIMINAL PROCEDURE

By Richard La Fianza and Frank Loo

It is a common movie scene. "Vinnie" is called to testify. He swaggers into the court, winks at the defendant, and then is led to the witness stand. When asked his first question, Vinnie, with a smile, declines to answer on the grounds that it may incriminate him. The hapless prosecutor loses her case and, in the end, the mobster either gets away with it or street justice is served up by Charles Bro...

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