Legal Question in Family Law in California
Paternity Case
I have been supoened to testify in a Paternity case where the Mother of the child collected child support from the wrong father. The biological father has taken a DNA test. Can I plead the Fifth Amendment at the trial and do I need an Attorney in order to do so?
2 Answers from Attorneys
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.