Legal Question in Criminal Law in California

Re: 5th ammendment

I disagree with my colleagues and stand by my earlier answer. Witnesses who want to take the Fifth must do so on a question-by-question basis, and must answer questions which do not expose them to potential criminal liability. Not every question will put the witness at risk, and he is not entitled to dodge innocuous questions in order to avoid answering ones that are more problematic.

Re: 5th ammendment

The Fifth Amendment can only be invoked while testifying, not before. "Testifying", however, means more than just taking the witness stand in a courtroom. People testify at depositions, grand jury proceedings, legislative hearings, etc. and may invoke the Fifth Amendment while doing so. Written testimony is also common -- in the form of interrogatories, written depositions, etc. -- and a witness can invoke the Fifth Amendment in such testimony.

Re: 5th ammendment

The judge might allow you to take it before testimony as long as it goes on the record. This should be possible if you are represented by an attorney who can claim the privilege on your behalf at the beginning of the hearing. Probably a better option if you can do it that way. Otherwise, assert the privilege not to testify at the beginning of testimony before you start to answer any questions.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: 5th ammendment

When locking the barn, should it be before or after the horses are stolen?