Legal Question in Family Law in California

Re: Paternity Case

From the facts you've given, it doesn't appear that you are actually in danger of incriminating yourself, as opposed to incriminating some other person. That's one of the requirements of the 5th Amendment, that your testimony might incriminate you. But if you meet that requirement, you don't need an attorney to plead the 5th Amendment. However, if you are worried about being incriminated, it would be advisable to speak to an attorney who does criminal law before you testify.

Re: Paternity Case

You don't need an attorney to plead the fifth, but you should consult one beforehand anyway to get some advice. You can only plead so if your answers may incriminate you (subject you to criminal penalty); thus, if you wouldn't be facing a criminal penalty, you will have to answer. You may want to talk with a criminal attorney beforehand so you know how to answer and what your specific rights are in this situation.