Q: My Co-defendant’s case is still pending but mine has been Nolle Prossed. I was subpoena to deposition for his, do i have to talk In florida. I plead not guilty and did not agree… Scroll down to read more!
Q: My Co-defendant’s case is still pending but mine has been Nolle Prossed. I was subpoena to deposition for his, do i have to talk In florida. I plead not guilty and did not agree to plea deal.

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/my-co-defendant-s-case-is-still-pending-but-mine-h-1405526.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
8 lawyers agreed with this answer
Lucas Style Lanasa
Criminal Defense Attorney – Tallahassee, FL
Grant Ian Schwarz
Criminal Defense Attorney – Hollywood, FL
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL
George W Blow III
Criminal Defense Attorney – Live Oak, FL
James Streeter Jenkins III
Criminal Defense Attorney – Tampa, FL
Majid Vasigh
Criminal Defense Attorney – Tampa, FL
Dean George Tsourakis
Criminal Defense Attorney – Clearwater, FL
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Criminal Defense Attorney – Tallahassee, FL
Criminal Defense Attorney – Hollywood, FL
Criminal Defense Attorney – Clearwater, FL
Criminal Defense Attorney – Winter Park, FL
Criminal Defense Attorney – Live Oak, FL
Criminal Defense Attorney – Tampa, FL
Criminal Defense Attorney – Tampa, FL
Criminal Defense Attorney – Clearwater, FL
1
When it comes to subpoenas you are compelled to appear and to answer unless your answer would violate a recognized privilege (the 5th Amendment being one of them). In your case if it is possible that your testimony could re-incriminate you then you could properly “plead the 5th”. You are also free to testify if you so choose. Who subpoenaed you is also an important factor. If it is the State then the subpoena might afford you some immunity, if it is the defense then not so much.
The bottom line is that, like Michael Corleone, no matter how you try to get out they just keep sucking you back in…. You should get ahold of the attorney who represented you and run the subpoena by her/him. Let your lawyer make a few calls and then make the call as to what you should do.
Testimony under oath is potentially damning, but then again so too can be refusal to testify.
Either way best of luck!
Michael A. Haber
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