Divorce and Family Law in Orange County.





12.9.18



If it is possible that a witness will face criminal charges for any testimony, the witness may invoke the Fifth Amendment right against self incrimination and refuse to testify. However, it is not the witness who determines whether the privilege may be applied, the witness invokes the right and the judge decides whether it is applicable. The burden is on the witness to show that the evidence is incriminating. Once that burden is met, the judge must uphold the claim unless it is clear that the testimony cannot incriminate the witness.


Please note that the posting of this family law blog is informational only. Specific circumstances and laws may determine the outcome of your particular situation, and it is important to contact and attorney to analyze your situation.





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