What You Need to Know About Immunity in a Criminal Case

As a defendant in a criminal case, you should be fully aware of your 5th amendment right, which protects you from self-incrimination. Neither courts nor law enforcement can force you to give up incriminating information about yourself, as well as, information that can lead to the discovery of incriminating evidence. This is your constitutional right as a U.S. citizen. Often times, this right is coupled with a common judicial practice known as immunity. Basically, if you are willing to cooperate and give up vital information that can help a legal case, you may be granted immunity from the maximum penalties for your part in the crime.

Continue reading to learn what you need to know about immunity, including the various types, relinquishment, and who to turn for trustworthy legal advice about testifying in court.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

What is Immunity?

Legaldictionary.com defines Immunity in a criminal case as, “an exemption from criminal prosecution, or punishment on certain conditions.” So, if a person is suspected of a crime, the prosecutor might grant them immunity in exchange for information about related criminal activity, or to testify against someone in court. Overall, immunity in a criminal case is used to help prosecution obtain information about criminal activity.

Two Kinds of Immunity

There are two primary types of immunity grants used in judicial law: transactional immunity and use/derivative use immunity. Transactional immunity protects defendants from being charged in the future for the crimes they are currently suspected of or testifying about. What makes this approach interesting is that it is not recognized by federal law, yet many state laws permit transactional immunity.

Use and derivative use immunity is very similar to the foundation of transactional immunity, but with a much higher level of restrictions. If a person is granted this type of immunity, prosecution cannot use any of their statements, or any evidence exposed by their statements, against them. For this reason, it is typically offered more often by prosecutors than transactional immunity.

Waiving Immunity

Another interesting fact about immunity in a criminal case is that a defendant can relinquish their rights to immunity at any time. If they do so, prosecution can legally bring about criminal charges against them for any statements they made, or any evidence that was founded as a result of their statements.

Who to Talk to For Trusted Criminal Defense Advice

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana for your charges. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!