Can I be given 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.
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.
Salt
Lake criminal defense lawyer Stephen Howard has extensive
experience in defending cases ranging from aggravated murder to
DUI,
and virtually everything in between. His
record of results speaks
for itself.
Contact us to schedule
an initial consultation with Utah attorney
Stephen
Howard today.

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