Section 5.30 Procedure for Asserting Privilege

• Library: Criminal Practice 2012 Supp

3. (§5.30) Procedure for Asserting Privilege

If the client determines, before an appearance before the grand jury, that the client will assert the Fifth Amendment privilege against self-incrimination but will testify if granted immunity, counsel should notify the prosecuting attorney in writing. This will allow the prosecutor to make a decision in advance of the witness’s appearance as to whether to recommend the granting of immunity or whether to simply withdraw the subpoena. If the prosecutor refuses to...