Legal Question in Personal Injury in Vermont
I'm in the beginning of a lawsuit and I'm about to give my deposition can anything I say in my deposition be used to prosecute me. In the situation that the lawsuit is about, me some friends which are minors drank on my parents property and one of my friends got hurt. And I wanted to know if this goes to court could I have legal action brought against me for getting the alcohol and being a minor with alcohol.
1 Answer from Attorneys
There is no law which forbids prosecutors to bring charges based upon deposition testimony. If your testimony might incriminate you, you may want to invoke the Fifth Amendment and refuse to answer. Bear in mind that, if you refuse to answer, the other side -- and later the judge and jury -- will be allowed to infer that a truthful answer would have been very bad for you. Additionally, any party who wants your answer and who believes you cannot justifiably rely on the Fifth Amendment may be able to ask the court to make you answer; opposing such a motion can be difficult and costly -- especially if you lose.
I strongly encourage you to consult with a criminal defense lawyer in your area before your deposition. You should also be represented by counsel at the deposition if at all possible. The law concerning when a witness may invoke the Fifth Amendment is complex, and the consequences of making the wrong decision can be dire.
Good luck.