{"id":1273,"date":"2019-06-04T18:06:19","date_gmt":"2019-06-04T18:06:19","guid":{"rendered":"https:\/\/www.delewislaw.com\/blog\/?p=1273"},"modified":"2019-06-04T18:06:19","modified_gmt":"2019-06-04T18:06:19","slug":"what-you-need-to-know-about-immunity-in-a-criminal-case","status":"publish","type":"post","link":"https:\/\/www.delewislaw.com\/blog\/what-you-need-to-know-about-immunity-in-a-criminal-case\/","title":{"rendered":"What You Need to Know About Immunity in a Criminal Case"},"content":{"rendered":"\n

As a defendant in a criminal case, you should be fully aware\nof your 5th<\/sup> amendment right, which protects you from self-incrimination.\nNeither courts nor law enforcement can force you to give up incriminating\ninformation about yourself, as well as, information that can lead to the\ndiscovery of incriminating evidence. This is your constitutional right as a\nU.S. citizen. Often times, this right is coupled with a common judicial\npractice known as immunity. Basically, if you are willing to cooperate and give\nup vital information that can help a legal case, you may be granted immunity\nfrom the maximum penalties for your part in the crime.<\/p>\n\n\n\n

Continue reading to learn what you need to know about\nimmunity, including the various types, relinquishment, and who to turn for trustworthy\nlegal advice about testifying in court.<\/h3>\n\n\n\n
\"Criminal
Criminal Defense Law Firm 317-636-7514<\/figcaption><\/figure>\n\n\n\n

What is Immunity?<\/h1>\n\n\n\n

Legaldictionary.com defines Immunity <\/em>in a criminal case as, \u201can exemption from criminal prosecution, or punishment on certain conditions.\u201d 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. <\/p>\n\n\n\n

Two Kinds of Immunity<\/h1>\n\n\n\n

There are two primary types of immunity grants used in judicial law: transactional immunity<\/em> and use\/derivative use immunity<\/em>. 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. <\/p>\n\n\n\n

Use and derivative use immunity is very similar to the\nfoundation of transactional immunity, but with a much higher level of\nrestrictions. If a person is granted this type of immunity, prosecution cannot\nuse any of their statements, or any evidence exposed by their statements,\nagainst them. For this reason, it is typically offered more often by prosecutors\nthan transactional immunity.<\/p>\n\n\n\n

Waiving Immunity<\/h1>\n\n\n\n

Another interesting fact about immunity in a criminal case\nis that a defendant can relinquish their rights to immunity at any time. If\nthey do so, prosecution can legally bring about criminal charges against them\nfor any statements they made, or any evidence that was founded as a result of\ntheir statements.<\/p>\n\n\n\n

Who to Talk to For Trusted Criminal Defense Advice<\/strong><\/h2>\n\n\n\n

Call Attorney David E. Lewis at 317-636-7514 <\/strong>for aggressive criminal defense in Indianapolis<\/a>, 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!<\/p>\n\n\n\n

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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, … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":1274,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[694,756,752,754,753,755],"class_list":["post-1273","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-criminal-law","tag-criminal-defense-indianapolis","tag-derivative-use-immunity","tag-immunity-law-definition","tag-immunity-lawyer-indianapolis","tag-immunity-legal-term","tag-transactional-immunity"],"_links":{"self":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1273","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1273"}],"version-history":[{"count":1,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1273\/revisions"}],"predecessor-version":[{"id":1275,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1273\/revisions\/1275"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media\/1274"}],"wp:attachment":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1273"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1273"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1273"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}