Being asked to testify in a criminal case can place someone in a highly vulnerable position. When prosecutors offer immunity in exchange for testimony, it may sound like protection, but the legal consequences can be complex and far-reaching. In California, immunity agreements are governed by specific laws that can affect whether testimony may later be used against a witness.
Understanding witness immunity in California is critical before agreeing to speak with law enforcement or prosecutors.
What Does Witness Immunity Mean in California?
Witness immunity is a legal agreement under which the government limits or eliminates the ability to prosecute a person for providing testimony. The goal is to encourage cooperation when a witness may otherwise invoke the Fifth Amendment right against self-incrimination.
In California, immunity is not automatic and is not granted casually. Prosecutors must follow strict procedures, and the scope of protection depends on the type of immunity offered. Testifying under immunity in California should never be undertaken without first understanding the applicable protections and the remaining risks.
Types of Immunity Under California Criminal Law
California criminal immunity laws recognize two primary forms of immunity, each offering different levels of protection.
- Transactional Immunity California
Transactional immunity is the broadest form of protection. When granted, it prevents prosecution for any offenses related to the testimony. Even if independent evidence later surfaces, the witness generally cannot be charged for the covered conduct.
Transactional immunity is rare and typically reserved for situations where testimony is essential, and no alternative evidence exists. Prosecutors are often reluctant to offer this level of protection.
- Use and Derivative Use Immunity
More commonly, witnesses are offered use immunity or derivative use immunity.
This form of protection means:
- The testimony itself cannot be used against the witness in a criminal case.
- Evidence derived directly from that testimony also cannot be used.
- The witness may still be prosecuted if the government can prove the case using independent evidence.
This distinction is critical. Many people mistakenly believe immunity guarantees complete protection, when in reality, the risk of prosecution may still exist.
California Penal Code §1324 and Immunity Orders
Witness immunity in California is governed in part by California Penal Code §1324. Under this statute, a court may issue an order compelling testimony if a witness refuses to testify on the grounds of self-incrimination.
Once the order is issued:
- The witness must testify truthfully.
- The compelled testimony cannot be used directly against the witness.
- Refusal to comply can result in contempt of court charges.
Penal Code §1324 immunity does not automatically eliminate criminal exposure. It only restricts how testimony may be used, which is why legal representation is essential before testimony occurs.
Risks of Testifying Under Immunity
Even with an immunity agreement, testifying can carry serious legal risks. Immunity does not protect against every consequence, and missteps can have lasting effects.
Potential risks include:
- Perjury charges if testimony is inaccurate or inconsistent.
- Prosecution based on evidence obtained independently.
- Exposure to federal charges if immunity applies only at the state level.
- Civil liability in related lawsuits.
- Retaliation concerns that immunity alone does not address.
Witness protection in California is separate from immunity and may involve additional legal processes. Immunity does not guarantee physical safety or anonymity.
Why Immunity Agreements Require Careful Legal Review
Immunity offers are often presented during high-pressure situations, including investigations involving drugs, violent crimes, financial offenses, or organized activity. Prosecutors may frame immunity as an opportunity, but the language of the agreement matters significantly.
Our criminal defense attorney can:
- Review the exact scope of the immunity offer.
- Determine whether it applies to state, federal, or both jurisdictions.
- Assess the likelihood of prosecution using independent evidence.
- Advise on whether invoking the Fifth Amendment remains safer.
- Protect against unintentional waiver of rights.
Once testimony is given, it cannot be taken back. Strategic advice before speaking can prevent irreversible consequences.
Immunity and San Diego Criminal Investigations
In San Diego County, immunity agreements are often used in cases involving multiple defendants, conspiracy allegations, or complex investigations. Local prosecutors rely on witness testimony to build cases, particularly when evidence is limited.
However, cooperation decisions should never be made without understanding how California criminal immunity laws apply to the specific facts of the case. Each immunity offer is different, and assumptions can lead to serious mistakes.
Speak With Our San Diego Criminal Defense Attorney Before Testifying
If you have been asked to testify or offered immunity in exchange for cooperation, do not agree to anything before speaking with an attorney. What may appear to be protection could still expose you to prosecution, penalties, or long-term legal consequences.
At Griffin Law Office, APC, our San Diego criminal defense attorney advises clients throughout San Diego County on immunity agreements, compelled testimony, and witness rights. Call 619-269-2131 or visit us online to schedule a confidential consultation. Protecting your rights before you speak can make all the difference.
