Does the 5th Ammendment apply to a witness (subpoena)?

I am being supoena to testify in a criminal case in court 7 hours away from my house at the end of July. The case is not a big deal... a guy drove off the highway into the woods -- didn't hurt anyone or cause any property damage -- and the State is making a big deal out of it. I don't want to cooperate with them as 1-they are not offering any compensation for this trip (remember I live 7 hours away and I work to support my family and we are on a very limited budget) 2 - the case happened over 6 months ago and I cannot remember most of the things that happened, including who this guy was (I couldn't possibly recognize him in court!). I have spoken with the Assist. State Attorney who subpoenaed me but he is ruthless and does not want to dismiss me from this. So I am thinking abou pleading the 5th in court... can I do that as a witness? Are there any consequences? Thanks. (I live in FL)
Additional Details
So... some people are saying "yes" some people are saying "no"... confusing...
What if I just do like one of you suggested "I don't remember"? Would that work?

Robert G

You can, and should, answer any question that you don't remember with the phrase " Ido not remember" You will still have to go to court and you could only answer self incriminating questions with the fifth amendment (where you drinking a beer while driving past the accident?)

WRG

The 5th amendment only protects you from having to give testimony that would incriminate YOU. And even if the testimony would incriminate you you still have to show up for the subpoena.

If you simply refuse to answer questions in court or don't show up you will be found in contempt of court. "I don't recall" and "I don't remember" are acceptable answers if they are true.

wizjp

uh...only if your testimony will incriminate yourself.

How about jail for contempt.

The fifth amendment is so you can't incriminate yourself.
Unless of course, you were the driver in question.
If you were the driver that crashed then you can indeed plea the fifth-but you have to do it in person anyway.
So either way-you gotta go.
Sorry dude.

silvercharm516

The 5th amendment only protects you from self-incrimination. It does not protect you from testifying against someone else. If the testimony you are giving would implicate you in a crime, you can plead the 5th and refuse to answer the question, but you still have to show up to court to do that.

And yes, there are consequences to blowing off court. It's called Contempt of Court and you can be jailed for it. Judges don't particular appreciate when you disrespect them, their court or their orders.

bamafanmco

Potential obstruction of justice though I doubt they'd take it that far, 5th amendment applys to the right not to incriminate oneself so unless you are refusing to answer whether or not you were compilicit in the act, it does not really apply.

Uncle Pennybags

Yes, a witness can plead the 5th in court. But you can only do that to avoid incriminating yourself.

If you are uncooperative and attempt that tactic, the judge very well may hold you in contempt.

Phil

You can plead the 5th regardless of whether you are a witness or a defendant. You don't have to state what law you are worried about, or even know. You can just feel "I might say something that would make me vulnerable to legal charges completely unrelated to this event." If you feel that way you don't have to say anything.

Suppose for example you were on probation and not permitted to be in that place, but the DA didn't know it. By testifying you'd self-incriminate even if it had nothing to do with the case at hand. No the right is very broad and you can plead it freely.

But you have to come to court to do it and it will take as much time as real testimony does. Likely what happens then is the DA gives you immunity and then you have to testify anyway.

DO not LIE by saying you don't remember unless you really don't remember, If it's no big deal just do it.

Your best bet to get out of this is to tell the DA you intend to refuse to answer on 5th amendment grounds. You don't have to explain or justify it to him, just tell him you will plead the fifth. He'll probably reconsider since he doesn't really want a reluctant and non-cooperative witness unless he has no choice. But in the end you may be compelled to testify, so why not just do it?

Rico

Not sure about the laws in FL. but you might contact the attorney who subpoena's you and request witness fees. If you are not a party in the case you should be entitled to travel expenses and time off work, but the amounts may be set by law in your area.

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