Legal Question in Civil Rights Law in Texas
Fifth Amendment Rights
I want to envoke my Fifth Amendment Right at a deposition. Can I do this, and what recourse, if any, may the ''other side'' take against me? What exactly is my Fifth Amendment Rights?
1 Answer from Attorneys
Re: Fifth Amendment Rights
The Fifth Amendment to the United States Constitution states as follows:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Generally speaking, when one speaks of invoking "5th Amendment rights," that portion of the 5th Amendment which reads,"nor shall be compelled in any criminal case to be a witness against himself" is what is meant. In other words, you may invoke those "rights" in order to avoid testifying in a way that would incriminate you---tend to make you appear to be guilty---of a criminal offense. You can not refuse to testify at a deposition or in court on the basis that something would make you look bad, foolish, at fault, or liable for a civil--as opposed to a criminal--wrong.
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