My 17 year old was charged with a sex crime and some other felonies as far as home invasion and robbery I'm going to be subpoenaed to testify against him in regards to what he had admitted to me in part of the actions that had actually taking place can I plead the 5th how can I not testify against my son
I found a 1977 article that reveals the following:
The Parent-Child Privilege. Only Idaho, Massachusetts, and Minnesota recognize a parent-child privilege. All other states but one in which the issue has arisen have uniformly rejected the contention that compelling a parent or child to testify against the other destroys the trust in such a relationship and encourages defiance of such efforts. It is generally said that legislative judgments should determine issues to judicially compel disclosure.
The single exception is New York where, despite the absence of a controlling statute, case law has recognized the right of a parent to refuse to reveal a communication conveyed in confidence by a child, either by reason of privilege ( People v. Fitzgerald, 101 Misc.2d 712, 422 N.Y.S.2d 309 (1979)) or because of constitutional considerations of familial privacy ( Matter of A&M, 61 A.D.2d 426, 403 N.Y.S.2d 375 (4th Dep't 1978).
There may have been changes since then so I suggest you discuss the issue with your son's defense attorney and see if the parent-child privilege applies in your state.
The 5th amendment against self-incrimination doesn't apply here unless you were an accessory to his crime.
My 17 year old was charged with a sex crime and some other felonies as far as home invasion and robbery I'm going to be subpoenaed to testify against him in regards to what he had admitted to me in part of the actions that had actually taking place can I plead the 5th how can I not testify against my son
