Legal Question in Criminal Law in New York

Re: Trial Question

ABSOLUTELY! all testimony that is recorded is done so for a purpose... ALWAYS seek the advice of counsel before making any such statements.

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Re: Trial Question

If you asking what happens in Canada, the simple answer is no. In the United States, you can "take the Fifth." However, in Canada, if you are asked an incriminating question under oath, you may not refuse to answer it. However, the answer itself may not be used in another criminal proceeding as evidence.

Before the introduction of the Charter of Rights and Freedoms in 1982, the right to claim the privilege against later use had to be specifically invoked (mentioned) in answering the question. Under the Charter of Rights and Freedoms, it is now not necessary to do so.

Some provisos are in order. First, the answer itself may not be used, but the disclosure might cause the police to investigate and come up with independent evidence that could be used against you. I am not sure what would happen in that instance. Second, the privilege only applies to other proceedings. So if a defendant testifies at a bail proceeding, in the later trial, the bail proceeding evidence may be used by the prosecution. Third, the Charter privelege only applies to later criminal proceedings. To benefit from the protection against later use in civil proceedings, the Canada Evidence Act must still be specifically invoked.