Legal Question in Family Law in Washington
5th amendment
I am being deposed in a friends divorce. In the deposition, I understand that I can refuse to answer questions that may incriminate me but how does that work? Can I answer some questions but not all, can I answer questions that are on other topics but not criminal topics, etc. I heard that once you answer one question you must continue to answer or that if you take the 5th then answer another question, you have waived your 5th rights. Please help clarify.
1 Answer from Attorneys
Re: 5th amendment
You should have your very own attorney attend the deposition and be there to object on the record.
YOUR criminal history can be used to impeach you (attack your credibility) - including felonies and crimes of moral turpitude, such as theft. What you want to avoid is further incriminating yourself; what is of record, is of record and there is not a lot you can do about it now.
You don't "take the 5th" in a civil proceeding.
If the attorney wants to ask you questions he is entitled to do so and you need to answer the questions posed.
Be careful not to volunteer information - stay on topic.
Hope this helps, but frankly the best I can advise you is to bring your own attorney. Elizabeth Powell
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