Attorney David Serna Talks About Immunity for Testimony

Attorney David Serna believes every defendant should know that anyone with criminal charges has a Fifth Amendment privilege against self-incrimination, which means no one can force them to reveal incriminating information about themselves. It does not only cover responses that are directly incriminating but also responses that could lead to the discovery of incriminating evidence.

 

What is immunity?

Many of you probably know that prosecutors sometimes bargain with defendants if they believe that the suspects have valuable information about other criminal activity. Attorney David Serna thinks that although it may seem rare, more people should know about immunity from prosecution, which prosecutors sometimes offer defendants in exchange for testifying against someone else.

 

Who grants immunity?

State or federal prosecutors decide who receives immunity, which they can grant for various crimes. Attorney David Serna believes it is a helpful tool, when used correctly, to aid investigations and get valuable information that witnesses would not otherwise provide because of fear of prosecution. Attorney David Serna believes that prosecutors usually offer immunity to suspects of minor crimes because they think it will help them convict or catch someone involved in a significant crime. It often arises in organized crimes when the prosecution offers a subordinate immunity to testify against the leader.

 

What are the types of immunity?

Besides its definition, application, and limits, Attorney David Serna believes it is also essential for suspects to know the types of immunity that the prosecution may offer them. One is transactional immunity, which protects against any future charges based on any matter related to the testimony. Although it is also known as total immunity and is the broadest type of immunity, it does not prevent prosecution for criminal activities unrelated to something discussed in the immunized testimony. The other primary type of immunity, known as use and derivative use immunity, comes with more restrictions. Attorney David Serna believes prosecutors offer this immunity more often because it allows them to bring charges based on the same crime against the witness. However, they can only charge the witness as long as the prosecution base them entirely on independent evidence from a different source.

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