Long Beach Criminal Attorney Explains the Law of Immunity

In California a witness can be given protection from criminal prosecution of there testimony, this is called immunity. According to a local Long Beach Criminal Attorney, there are two types of immunity: (1) transactional immunity, which prevents the witness from being prosecuted or subjected to penalty for any fact or act on which he or she has been required to give testimony or produce evidence; and (2) use immunity, which only protects the witness from the use of his or her actual testimony or any evidence derived from that testimony.  Use immunity does not protect the witness from criminal prosecution, but merely prevents a prosecutor from using the witness’s immunized testimony against the witness. Use immunity affords sufficient protection to overcome a witness’s Fifth Amendment claim of privilege; transactional immunity is not constitutionally required.  Transactional immunity may only be granted on the District Attorney’s  request.  It is not within the Judge’s power to grant transactional immunity to any witness.

An immunized witness cannot refuse to testify.  An immunized witness may also be prosecuted for perjury or contempt in answering or failing to answer questions in accordance with the order of immunity.

One Response to Long Beach Criminal Attorney Explains the Law of Immunity

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