Legal Question in Criminal Law in Missouri

Re: Pleading the 5th

The previous answer is very good. You can only refuse to answer questions under your fifth amendment rights if the answer to the question may conceivably incriminate you. If you answer any questions you may be held to have waived your fifth amendment rights as to later questions. If you are able to do so, I would strongly advise you to consult with an attorney.

Re: Pleading the 5th

The fifth amendment precludes the government from forcing an individual to give testimony that might prove they committed a crime. By stating that you plead the fifth amendment in refusing to answer questions in a depostion, you are saying that you do not want to answer, because you feel if you did, it could be used as evidence that you committed a crime. Is that what you are saying?

I understand that you do not want to give the accused rapist's attorney information that could help in his defense. But, if you refuse to answer any questions in the deposition, you may be prevented from testifying against the accused rapist at trial. An accused has the right to face their accusers. If you have information to provide to the prosecution at trial, you may not be able to give it, if you refuse to answer questions from the defendant's attorney.

However, if there is some truth to the idea that you have concocted any part of the rape accusation to help in your custody battle, you may have violated a law or Order of the court. In that case, you may want to plead the fifth to prevent the sworn testimony from being used to prove that you violated that law or Order of the Court.

You may want to hire an attorney of your own to provide advice as to the specifics of your case and perhaps to accompany you at the depoistion.

Good Luck