Legal Question in Criminal Law in California

Pleading the 5th

do I have a right to take the 5th while being questioned regarding a domestic violence case. I am the victim, however I do not want to corroborate the police report. I am afraid my testimony will not match the report and may incriminate myself. can I plead the 5th?


Asked on 9/21/06, 7:17 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Pleading the 5th

No. You can take the Fifth telling the truth might implicate you in a prior crime, not when you want to lie and fear that doing so will amount to a new crime. The Fifth Amendment is not just a way to evade questions you'd rather not answer.

If it worked that way, then any witness who didn't want to implicate the defendant could just take the Fifth instead. The reason you can be forced to come to court (and the reason you are put under oath) is to ensure you testify truthfully. There's no trick to get around this.

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Answered on 9/21/06, 7:55 pm


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