Can I use the 5th amendment if called to testify at a state grand jury?
A. The 5th Amendment to the U.S. Constitution states, among other things, “No person shall be compelled in any criminal case to be witness against himself.” It is applicable to the states. In addition, state constitutions have varying degrees of protection against self-incrimination. A grand jury proceeding is a criminal proceeding. Witnesses called before the grand jury may invoke the privilege against self-incrimination. While the threshold for what is incriminating is low, there are some limits. You may not invoke the privilege if the offense could not be prosecuted because the statute of limitations has run, or if you voluntarily pled guilty to the offense for which you are being questioned, or if you have been convicted, sentenced, and exhausted all your appeals. If you have been convicted but not yet been sentenced, or your appeals are still pending, you can invoke the privilege. The privilege may also be claimed if the information asked could further incriminate you as to other
