Imagine you are being investigated for a crime. REALLY imagine it. Everything you have ever known is at risk: your family life, your job, and your very freedom. Admit it, you’re scared. You are praying for some sort of miracle to get you out of this mess. Then, you are offered Illinois witness immunity.
Immunity is when the prosecutors in a case agree not to prosecute you in exchange for your testimony. Sounds like a good deal, right? It is, but you have to understand exactly what you are agreeing to. Otherwise, you can end up in more trouble than when you started.
Here are 5 Things to Know About Illinois Witness Immunity:
Imagine you are being investigated for a crime. REALLY imagine it. Everything you have ever known is at risk: your family life, your job, and your very freedom. Admit it, you’re scared. You are praying for some sort of miracle to get you out of this mess. Then, you are offered Illinois witness immunity.
Immunity is when the prosecutors in a case agree not to prosecute you in exchange for your testimony. Sounds like a good deal, right? It is, but you have to understand exactly what you are agreeing to. Otherwise, you can end up in more trouble than when you started.
Here are 5 Things to Know About Illinois Witness Immunity:
1. Transactional Immunity: TOTAL Illinois Witness Immunity
1. Transactional Immunity: TOTAL Illinois Witness Immunity
If a court grants immunity, it is based off the prosecution’s motion. An order of transactional immunity means you are released from all liability to be prosecuted or punished on account of any testimony or other evidence you are required to produce.
IMPORTANT: Do NOT confuse transactional immunity with “use” immunity, discussed in number 4 below.
If a court grants immunity, it is based off the prosecution’s motion. An order of transactional immunity means you are released from all liability to be prosecuted or punished on account of any testimony or other evidence you are required to produce.
IMPORTANT: Do NOT confuse transactional immunity with “use” immunity, discussed in number 4 below.
2. Immunity is Forever
2. Immunity is Forever
An order of Illinois witness immunity bars prosecution against you forever, for any offense shown by your testimony or other evidence. The exception to the rule is…
An order of Illinois witness immunity bars prosecution against you forever, for any offense shown by your testimony or other evidence. The exception to the rule is…
3. Exception: Perjury
3. Exception: Perjury
When the prosecution offers you immunity, they want to make sure you comply with the order. Lying during your testimony defeats the purpose. Therefore, you can be prosecuted for perjury when committed during such testimony.
When the prosecution offers you immunity, they want to make sure you comply with the order. Lying during your testimony defeats the purpose. Therefore, you can be prosecuted for perjury when committed during such testimony.
4. Use Immunity: The Trickster of Illinois Witness Immunity
4. Use Immunity: The Trickster of Illinois Witness Immunity
Okay, here we go. If you remember nothing else, remember the true nature of use immunity. Use immunity is Illinois witness immunity that applies to “any information directly or indirectly derived from the production of evidence from the witness.” This means you are only given immunity as to evidence the prosecution didn’t already know. You can, and likely will, be prosecuted for ANYTHING else.
So, let’s play the scenario out. The prosecution seems to have enough evidence against you to charge you with a crime. They want you to testify about what you know. You invoke your Fifth Amendment rights (the right against self-incrimination). The prosecution offers you immunity and says you HAVE to testify. You testify, and the prosecution prosecutes you anyway, claiming they are going after you based on evidence they already had.
Prosecutors often offer use immunity knowing, or not caring, that you think you are being offered total immunity. They use it to avoid your Fifth Amendment rights and then prosecute you anyway. I highly recommend hiring a lawyer in such scenarios.
Okay, here we go. If you remember nothing else, remember the true nature of use immunity. Use immunity is Illinois witness immunity that applies to “any information directly or indirectly derived from the production of evidence from the witness.” This means you are only given immunity as to evidence the prosecution didn’t already know. You can, and likely will, be prosecuted for ANYTHING else.
So, let’s play the scenario out. The prosecution seems to have enough evidence against you to charge you with a crime. They want you to testify about what you know. You invoke your Fifth Amendment rights (the right against self-incrimination). The prosecution offers you immunity and says you HAVE to testify. You testify, and the prosecution prosecutes you anyway, claiming they are going after you based on evidence they already had.
Prosecutors often offer use immunity knowing, or not caring, that you think you are being offered total immunity. They use it to avoid your Fifth Amendment rights and then prosecute you anyway. I highly recommend hiring a lawyer in such scenarios.
5. What Happens if You Refuse to Testify?
5. What Happens if You Refuse to Testify?
If you are granted Illinois witness immunity, but refuse to testify or produce evidence, you will be held in contempt of court and subject to contempt proceedings. Again, it would be wise to hire a lawyer to help you.
If you are granted Illinois witness immunity, but refuse to testify or produce evidence, you will be held in contempt of court and subject to contempt proceedings. Again, it would be wise to hire a lawyer to help you.