Can a judge make you answer a question if you plead the fifth?

What Amendment is refuse to answer questions?

“Pleading the Fifth” means you are asserting your right under the Fifth Amendment to refuse to answer questions where you might incriminate yourself. It applies both to questioning in police custody and testifying in court. In most cases, when someone states they are pleading the Fifth, all questioning stops.

What happens if a judge holds you in contempt?

If a judge determines that they wish to hold a party in direct contempt, they must first declare that they “find” the person in contempt. Once a person is found in contempt, the judge then adds a punishment term. The punishment is mainly a fine or confinement in jail for a brief period of time.

Can you refuse to answer a judge's question?

Privilege Against Self-Incrimination

Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.

Can you say I decline to answer in court?

In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”

What not to tell a judge?

Can you go to jail for pleading the fifth?

The 5th Amendment protects individuals from being forced to testify against themselves. An individual who pleads the 5th cannot be required to answer questions that would tend to incriminate himself or herself. Generally, there is no penalty against the individual for invoking their 5th Amendment rights.

How to answer questions without incriminating yourself?

Be Mindful of Your Words – Choose your words carefully during the interrogation. Avoid making statements that can be interpreted as admitting guilt or implicating yourself in the crime. Stick to simple and concise answers, and do not elaborate or provide unnecessary information.

Can a witness refuse to testify?

If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal. Also, the judge can decide to fine them or detain them until they comply.

Why is pleading the fifth bad?

A court is entitled to draw adverse inferences against the party who “pleads the Fifth.” As Justice Brandeis said, “Silence is often evidence of the most persuasive character.” (United States ex rel. Bilokumsky v. Tod (1923) 263 U.S. 149, 153-154.) The courts of California have held the same.

Can I refuse to testify against my son?

If you or a witness refuse to testify in court after getting summoned by a subpoena, the court may hold you in contempt. This legal offense can result in a court-imposed fine or imprisonment in the worst cases.

Can you take the bar if you plead the 5th?

invoking of the privilege was not ground for disbarment unless it was accompanied by "contumacious conduct" on the part of the attorney.

Can you answer I don't remember in court?

If you do not know an answer, say so. Do not give attorneys answers you think they want. If you do not remember, say you don't remember – not that you do not know. Do not guess if you are not sure, unless you are instructed to give an estimate.

Can a judge order you to answer a question?

Generally speaking, the answer is yes. If the Judge requires you to answer, you must answer the questions. However, you can object to the questions before you answer them.

Can you say bad words in court?

Criminal contempt is an action that impugns the integrity of the court or brings the court into disrepute. For example, yelling curse words at a judge would be direct criminal contempt of court.

What to say when you don't want to answer a question in court?

If you don't want to answer a question, don't ask the judge whether you must answer it. If it is an improper question, the prosecutor trying the case will object and take it up with the judge. If there is no objection, answer the question.

Who can override a judge's decision?

The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.”

What is it called when you refuse to answer a question in court?

shall be compelled in any criminal case to be a witness against himself…." Therefore, refusing to answer questions during a trial ("I refuse to answer on the ground it may tend to incriminate me") is called "taking the Fifth." See also: Bill of Rights taking the Fifth.

Can you be thrown in jail for contempt of court?

The goal of civil contempt of court charges is to persuade the party subject to the charges to comply with the court order(s) . Unlike other civil penalties, however, civil contempt of court can result in jail time.

Can a judge disrespect you?

The duties of judicial office take precedence over all other activities. The judge should perform those duties with respect for others, and should not engage in behavior that is harassing, abusive, prejudiced, or biased.

What is the best defense for contempt of court?