A Criminal Attorney in Ann Arbor Can Get Immunity for Clients

The Miranda warning is the most recognized phrase in the entire criminal justice system; it comes from the Fifth Amendment to the Constitution, which protects people from incriminating themselves. However, the Amendment doesn’t protect suspects from all questioning. It merely protects them from answering questions about themselves which may prove incriminating. Even if a witness invokes their Fifth Amendment rights through criminal attorneys, prosecutors can override that privilege by giving them immunity in exchange for their testimony.

Transactional Immunity

This is the broadest kind of immunity; it completely protects a person from prosecution for any offense mentioned in subsequent testimony. Because of its broad nature, this type of immunity is sometimes referred to as “total” immunity. It offers the highest level of protection, but domestic violence lawyers don’t prevent a person from being prosecuted for something unrelated to the testimony.

If a witness testifies at trial and the prosecution learns of a previous crime committed by the person, they and their felony lawyer cannot use immunity. Prosecutors can charge the witness because the other crime isn’t related to the events included in the testimony. A criminal defense attorney in Ann Arbor can tell the client about immunities and how they can protect them under the right circumstances.

Derivative Use Immunity

This type of immunity is commonly used by federal and state prosecutors, and its scope is narrower than that of transactional immunity. This keeps prosecutors from using witness statements or evidence derived thereof against the person in a criminal case. Theoretically, derivative use immunity provides the same level of protection offered if the witness doesn’t testify.

Derivative use immunity does not prevent prosecutors from using other evidence against a witness at a later date. For example, if a witness admits to committing another crime and the prosecutor gets independent evidence of the offense from another source, the person is subject to legal action for that offense because it occurred before the crime in question.

Consult a Criminal Defense Attorney

If a person has been asked to cooperate with authorities, or if they think it is in their best interests to do so, they should consult a Criminal Attorney Ann Arbor. Only a local criminal defense attorney can explain the different kinds of immunity and protect the client’s legal rights. By hiring a criminal defense attorney in Ann Arbor, clients can maximize their chances of getting immunity and reduce the likelihood of serious criminal charges.