New Location, Same Tradition: Goldstein & Orr Has Moved Offices Learn More

Client Testimonials
  • "I have known Ms. Orr for over a decade and she is an excellent criminal defense attorney with high ethical standards." by Peer Attorney Read More
  • "I'm very impressed how Mrs. Orr handled everything, she is very professional and I recommend Mrs. Orr if your in need an attorney for a white collar case!!!" by Anonymous Former Client Read More
  • "They are next level on intelligence and understanding. My full respect to these attorneys." by Amber R. Read More
  • "I was so fortunate and privileged to have Mr. Goldstein in my corner. You will find none better." by Stephen Read More
  • "GGH has no equal in Texas or elsewhere. Cynthia Orr and Gerry Goldstein don't just defend their clients, they make law. I've watched them over the years take impossible cases and win." by Debra I. Read More


Those who Plead Guilty or Those Convicted:


The Supreme Court has held that “[c]itizens generally are not constitutionally immune from grand jury subpoenas”. Branzburg v. Hayes, 408 U.S. 665, 682, 33 L.Ed.2d 626 (1972). And at least one district court has held that “. . . everyone, including those who have plead guilty, must testify when subpoenaed to do so before a grand jury unless privileged otherwise”. In re Grand Jury Investigation, 681 F. Supp. 1113 (E.D. N.C. 1988) (holding that a defendant’s guilty plea did not give him ability to avoid grand jury subpoena; no government agreement to such).


However, in absence of immunity, a guilty plea does not necessarily waive a later assertion of the Fifth Amendment.


U.S. v. Lyons, 731 F.2d 243 (5th Cir. 1983) (stating a guilty plea to state charges did not waive Fifth Amendment in Federal Court):


“Ms. Cook’s plea waived only the privilege with respect to state charges to which she pleaded guilty.       So long as Ms. Cook could be charged with other crimes because of her

participation in the events in question, she could still assert her privilege against self-incrimination.” U.S. v. Lyons, 731 F.2d at 243 n. 2.


U.S. v. Kahn, 728 F.2d 676, 680 (5th Cir. 1984);

U.S. v. Gloria, 494 F.2d 477, 480 (5th Cir.), cert. denied, 419 U.S. 995 (1974);

U.S. v. Barham, 625 F.2d 1221, 1225 (5th Cir.), cert. denied, 450 U.S. 1002 (1980);

In re Bryan, 645 F.2d 331, 333 (5th Cir. 1981).


“[Ilf the witness is still subject to other crimes which he[r] testimony might tend to reveal, the privilege remains.”

(210) 226-1463
  1. Attorneys
  2. Results
  3. Contact