If you are accused of a crime, being offered immunity in exchange your testimony may seem like a welcome development. However, it is important to know what immunity can and cannot shield you from. Immunity is always limited. Keep reading to learn more and then contact Law Office of Michael L. Fell at (949) 585-9055 if you would like a free legal consultation with an experienced criminal defense attorney.
Immunity Does Not Cover Certain Crimes
There are certain crimes that prosecutors do not generally offer immunity for because the state has a vested interest in prosecution serious crimes, such as a violent sex crime. Additionally, if a witness commits a crime while they are testifying, then they can still be prosecuted even though they had immunity. Examples would include perjury, contempt of court, obstruction of justice, and conspiracy to impede an investigation.
That said, if a witness was granted immunity in exchange for testifying and then perjuries themselves on the stand, they still have immunity for whatever the criminal activity is they are testifying for. For example, consider a witness that testifies to a drug crime. They have immunity for the drug crime but when they are testifying they claim that only themselves and one other party took part in said crime. If it is later proven that there was a third person involved then the witness could be prosecuted for perjury – but they would not be prosecuted for the drug crime, due to their agreed upon immunity.
Jurisdiction Makes a Difference
More than one state can prosecute the same crime in some instances, and both state and federal governments may both have grounds for jurisdiction. If you are granted immunity by one, it does not preclude the others from filing charges. However, there are limits. For example, the federal government may be able to arrest a witness for crimes they committed that they were immunized for by the state government, but the federal government could not use the statements made during the witness’s testimony as part of their case.
Talk to an Attorney Before Accepting Immunity
It may be that accepting immunity in return for dropped or reduce charges is in your best interest. However, it may be that there are exceptions included in the immunity you are being offered. It is also possible that whatever deal you are being offered is not the best deal available to you. For example, if the prosecution begins by offering to reduce your charges, it’s entirely possible they can be convinced to drop them entirely.
This is why you need to talk to a criminal defense attorney before you agree to any immunity deal. At Law Office of Michael L. Fell we are standing by to provide you with comprehensive legal advice. Contact us now at (949) 585-9055 and we can begin the process with a free legal consultation.