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Yes...I'm confused about OPs story because, as far as I know, you can't just plead the 5th at various parts of a trial where it is not relevant. The judge would
by oh_sigh 5y ago
Yes...I'm confused about OPs story because, as far as I know, you can't just plead the 5th at various parts of a trial where it is not relevant. The judge would generally not move on until you plead something. Or they would hold you in contempt if you refuse to plead guilty/not guilty/alford/nolo contendere etc
- giantg2 5y agoWell, it's a magistrate. They tend to not know/follow the laws/rules in my experience. They aren't even required to have a law degree or even pass the Bar. I think in my state they only require 40 hours of training. Based on their other comment it sounds like they said they didn't remember when asked by the magistrate if they committed the act, which isn't the same as invoking the fifth. Thwy also said they were able to prove the officer couldn't have witnessed the act they were testifying about. Then the magistrate found them guilty (based on false testimony?).