If there is the reasonable belief that an individual’s testimony will incriminate them and prevent them from cooperating with the investigation, the prosecutor may decide to grant the witness immunity. Immunity will exempt the individual from prosecution for certain transgressions and will effectively serve as their protection against self-incrimination.
There are two kinds of immunity, transactional immunity and “use and derivative use” immunity. Transactional immunity is total immunity and the witness cannot be charged under any circumstances based on his or her testimony. Use and derivative use immunity will protect the witness from direct incrimination through their own testimony, but they may be found guilty if other evidence is found proving that they have committing a crime.
If an individual granted immunity from prosecution refuses to testify, they will be found in contempt of court. You may not refuse to testify out of fear of reprisal. As such, immunity carries some risks for those that refuse to cooperate in exchange for this protection. New York State requires transactional immunity be applied to any witnesses whose testimony has been compelled.
Testifying before a grand jury can be intimidating for most individuals and you will have concerns about immunity and incrimination. If you are called to testify before a grand jury on a business crimes matter, you will want to speak with a New York business crimes lawyer to ensure you do not incriminate yourself and seek immunity if necessary. Call our NYC federal criminal lawyers at (212) 577 6677 today to set up an immediate consultation.