If you testify at all, you tell the truth. Period?

But you do not always have to testify. The Fifth Amendment to the United States Constitution allows you not to incriminate yourself, which means you do not have to say anything to the government (including to a judge, prosecutor, law enforcement officer, grand jury, or jury) that could help to prove you committed a crime. This applies to witnesses - in fact, to everyone.

The only way someone can be forced to testify, if he might be helping the government prosecute him by talking, is if he is given immunity. Very generally, that means the person's words cannot be used against him by the government.

But there are different types of immunity, some not as good as others. The differences between them are confusing. NO ONE SHOULD TRY TO GET IMMUNITY WITHOUT A GOOD CRIMINAL DEFENSE LAWYER.

The police and law enforcement agents NEVER can give you immunity! Only prosecutors and judges can.

Unless your lawyer tells you that you have immunity, and explains to you why and how, assume you do NOT have it. Almost always, there will be a piece of paper saying in writing what kind of immunity you have. Again, if you do not have the piece of paper, or do not hear a judge say it, you do not have immunity.

If you have to appear in the grand jury without immunity, and your lawyer tells you not to testify, say the following in response to each question after your name and address:

On advice of my lawyer, I rely on the Fifth Amendment and will not answer.

You may take this card into the grand jury with you.

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