In a criminal deposition can you plead the 5h if it may incriminate yourself? If so, do you have to answer for the record?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In a criminal deposition can you plead the 5h if it may incriminate yourself? If so, do you have to answer for the record?
This person is being deposed over a criminal case pending, but is not being charged at this time.
Asked on June 5, 2009 under Criminal Law, Iowa
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Ordinarily, as long as it's possible for you to be prosecuted for something, you can't be forced to testify about it. But there quite a few ways around that, in some situations, and there are some variations in state law and procedure. I'm not an Iowa lawyer, and I don't have all of the facts, which any attorney would need to provide reliable advice. The person in this position really needs to talk to an experienced criminal lawyer in the area about this. One place to look for an attorney is our website, http://attorneypages.com
It doesn't matter whether there are pending charges or not; the whole point of the privilege is that you don't have to say something that could be the basis, or part of the basis, for future charges. However, the prosecutor will sometimes give immunity (which can take different forms), meaning that the testimony is given under a binding agreement that it can't be used against the witness, only against the defendant the prosecutor really wants to convict. With immunity, continued refusal to testify could be contempt of court.
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
you are always always to exercise your 5th amendment rights whether in a deposition, during testimony, etc. When you do so it can oftentimes lead people to think the answer is something you know would incriminate you but that's a risk people sometimes take in order to remain silent.
If you have an attorney handling the matter it might be beneficial to discuss this with them. Ask for their opinion because they know the facts and what will best serve you in this case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.