If a witness may face criminal charges based upon the underlying facts of the dissolution proceedings, the witness may invoke the Fifth Amendment against self-incrimination. However, it is not the witness who determines whether the privilege may be invoked, it is a question for the judge to decide. 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.
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Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship.
