Once an accused person is released from jail through a 24-hour bail bonds company, he can’t wait to conclude his trial outside the prison while adhering to the set bail conditions. During the hearing, an individual might have a privilege of immunity to be a witness in exchange for his testimony. But what does immunity protection offer, and how does it apply in Denver, Colorado?
The Fifth Amendment Right
It is not only the accused person who is protected from the Fifth Amendment but also the witnesses of the alleged crime. With the fear of being involved in the criminal case, the witness can remain silent to avoid self-incriminating questions after an arrest or assisted by a bail bonds agency in Denver.
The Fifth Amendment of the US Constitution protects an individual from being forced to answer authorities’ questions that will get him in jeopardy. That’s why the recitation of Miranda Rights is required whenever a police officer is arresting someone. Also, an individual can use his Fifth Amendment Right when taking a witness stand.
In the Colorado Constitution, the Fifth Amendment is also part of it. Article II Section 18 states, “No person shall be compelled to testify against himself in a criminal case […]’
The Denver courts, and all Colorado courts, have known that the right to remain silent is not just for the defendant but also for witnesses who might be involved in the accused person’s criminal activities. Therefore, after posting bail through a bail bond agency in Denver, the individual can talk to his lawyer about the allowed testimony he will provide to avoid self-incrimination.
What are Self-Incriminating Questions?
Once held by the authorities, the arrested person can be asked a series of questions related to the alleged criminal act. Before questioning and posting bail through a 24-hour bail bonds agency, the police officers must clearly explain that the statements made by the person will be used against him. If not, the person is deprived of the Fifth Amendment Right and can file a complaint.
But how will someone know that the questions have the purpose of self-incrimination? To answer that, these are the questions that will require you to answer that will provide direct evidence of a crime or any information that could lead to evidence of a criminal act.
Waiving Your Right Of Self-Incriminating Testimony
In some instances, a person can waive his Fifth Amendment Right and, therefore, can answer questions without the presence of his lawyer or bail bondsman in Denver. If the individual is voluntarily giving statements or is initiating a conversation with authorities, he is already giving up or waiving his right. These statements can be used against him before the court.
On the other hand, if the prosecution is aware of the witness’ intention to take his Fifth Amendment Right in front of the judge or jury, this witness might not take the witness stand. Invoking the Fifth Amendment right of the witness might be a cause of jury speculation and may prejudice the defendant in the trial. There could be a separate hearing without the presence of the jury and can question the witness regarding invoking his Fifth Amendment right.
What Is Immunity Protection?
Even if a person invokes his right to self-incriminate, the prosecutor’s office can override this privilege by offering immunity protection in exchange for the witness’ testimony. This prosecutor’s action is based on his desire to have substantial evidence against the higher-level crime offender.
Offering immunity protection to a lesser offender is usually common in criminal cases related to organized crimes. Usually, the witness connected to the alleged crime will be reluctant to give statements due to fear of being involved as the criminal organization’s subject or possible threats. That’s why the government might put the witness into a Federal witness protection program and be granted immunity.
Generally, there are two types of immunity protection based on its coverage – transactional and “use and derivative use.”
- Transactional Immunity. It has a broader coverage of immunity between the two. It can also be referred to as a blanket or total immunity since it offers complete protection from future prosecution related to the immunized testimony. Although transactional immunity gives the most protection for the witness, the individual can still be prosecuted for other criminal activities unrelated to his testimony. Also, this type of immunity protection isn’t always available in all courts. For instance, the Federal legal system does not offer transactional immunity.
- “Use and derivative use” immunity. Compared to the transactional immunity, use and derivative use is narrower and has limited assurances. The prosecutor’s office treats this immunized testimony as if the witness is not testifying at all to protect the person. If the witness provides a testimony under this immunity, the prosecutor cannot use it as evidence against him in the trial. However, if the prosecution gathered additional evidence from other sources, the witness can be tried to get involved in the new evidence.
Immunity Exception
When an individual grants a pre-trial release through the help of a bail bond agency in Denver, he can have the privilege to be offered immunity protection if the prosecutor sees him as a reliable witness. Once the witness receives immunity, he must provide a sworn statement or take the witness stand before the judge and the jury. However, if the witness continues to refuse to testify while on immunity protection, the witness can be held in contempt of court citations. Also, fines and even jail time can be charged on witnesses who won’t give the promised testimony.
Ideally, immunity in exchange for the witness’ testimony should be carried out throughout the case trial. It is to prevent from deterring the future witnesses from accepting immunity offered by the prosecution. The prosecution’s office must adhere to the agreed deal with the witness. On the other hand, the witness must also follow the agreement. If the witness refuses to give testimony even after receiving immunity protection, the granted immunity can be revoked.
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