Davis County Utah

Compelled Testimony in Utah Criminal Cases

Can I receive immunity if I am forced to testify in a Utah criminal case?

The Utah State Constitution as well as the Fifth Amendment to the United States Constitution guarantee the privilege against self-incrimination. Generally, this means that you cannot be forced to testify in a case where your testimony could ultimately be used against you in a criminal prosecution. However, there are some circumstances under Utah law in which you may be given immunity and be ordered by a court to testify.

Utah law recognizes two kinds of immunity. The first is a general immunity, where the prosecuting authority agrees that charges will not be filed against you. The second kind of immunity in Utah is sometimes referred to as “use” immunity. If you are given only “use” immunity, this means that you can still be prosecuted, but that the prosecutor will not be allowed to use your own immunized testimony against you.

Attorney and Client Meeting for Legal Consultation

If you have been subpoenaed to testify and are facing potential criminal prosecution relating to your testimony, it is important to speak to a criminal defense attorney before speaking with police or with a prosecuting attorney.