How Olivia Jade Could Avoid Incriminating Herself If Forced To Testify In College Scandal

Olivia Jade could still face charges in ‘Operation Varsity Blues’, as she was reportedly served with a ‘target letter’, but the online influencer may escape indictment if she takes the stand against her mom, Lori Loughlin.

Lori Loughlin, 54, and her husband Mossimo Giannulli, 55, were accused of paying half a million dollars to get their kids into USC, and now, her daughter Olivia Jade may be forced to testify in the college admissions cheating scandal. Although the 19-year-old social media influencer may still face charges from prosecutors, they could potentially avoid being indicted for her role in “Operation Varsity Blues” if she takes the stand. This news comes after the Fuller House actress and the clothing designer pleaded not guilty to their charges including conspiracy to commit fraud and conspiracy to commit money laundering. Edward Molari, a Boston criminal defense attorney, tells HollywoodLife.com EXCLUSIVELY why Olivia may receive “immunity” from prosecutors if she’s forced to testify against her parents.

HL: If Lori and Mossimo’s daughters — Olivia Jade and Isabella Giannulli, 20 — are forced to testify, does this expose them to facing their own charges?

Molari: “The law provides for certain kinds of ‘privileges’ for people who can’t be forced to testify against other people with whom they have certain kinds of relationships. Those privileges include attorney/client relationships and marital relationships. However, there is no privilege for a child/parent relationship, so if the government wants a child to testify against their parent, the government can force them to do so, whether they want to or not.

“If the child’s testimony would implicate them in a crime of their own, then the child will have a fifth amendment privilege against being forced to testify where that testimony could implicate them in a crime. The government can remove the fifth amendment privilege by giving that person immunity — or a promise not to prosecute based on their testimony — in which case they can be forced to testify.”

HL: What would have to happen in order for Olivia Jade or Isabella to get charged?

Molari: “As for what would have to happen for the children to be charged, the only answer I can give you is that if the government thinks that bringing charges against the children would serve the interests of justice, and they have evidence establishing probable cause to believe that the children committed a crime, bringing charges against the children is entirely within the government’s discretion.”

HL: If Lori and Mossimo reached a plea agreement, would that protect their daughters from having to testify against their parents or facing their own charges?

Molari: “Certainly, if they entered a plea agreement that agreement might remove any need the government would have to call the children as a witness, but a plea agreement would not necessarily make their children’s testimony irrelevant to the government if their testimony would be valuable in the prosecution more generally.

“Often, criminal defendants will seek a plea agreement which includes a condition that a friend or family member not be prosecuted, but those requests are rarely taken seriously in plea negotiations. As a rule, prosecutors will not agree to decline to bring charges against people in the future based on a plea negotiation with someone else. It’s not that it never happens, but the cases in which it does are vanishingly few.”

HL: Is Lori leaving her daughters at risk of possibly facing charges by not entering a plea agreement?

Molari: “Probably not. It is very unlikely that the government’s decision to either charge her children or decline to do so will depend on whether or not she enters a plea agreement for reasons similar to the previous answer. Again, it’s not that it never happens, but as a fairly reliable rule, that is not how prosecutorial decisions are made.”

HL: Will Olivia and Isabella need their own legal representation if they’re required to testify?

Molari: “If you ask any lawyer whether someone needs legal representation their answer will always be ‘yes.’ When you ask if someone ‘needs’ a lawyer, what you are really (usually) asking is whether legal representation would be worth the cost. Frequently, people will be in a position where legal representation would be helpful, but not worth the cost. However, given how close the investigation in this case is to Ms. Loughlin’s children, I would venture to say that legal representation would be worth the cost to her children, even if formal criminal charges against the children are unlikely.”

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