Can you be forced to answer a question?
Asked by: Aida Fisher | Last update: October 8, 2023Score: 4.3/5 (5 votes)
No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.
What is the right to not answer questions?
You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud.
Can lawyers force you to answer yes or no?
The court may order to answer yes/no first before the explanation. The explanation must be relevant to the yes/no answer. The court usually will not allow the witness to wander away from the question that was asked. It is also possible that a seeming yes/no question doesn't have a yes/no answer.
Can you refuse to answer a question under oath?
In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information, or the court previously ordered that the information cannot be revealed (source).
What do you say when you don't want to answer a question in court?
Good ways to say anything but "No Comment" to questions you really don't want to answer: "I'm sorry but I'm not able to speak to that subject" "Thanks for asking but I'm not able to answer that question" "I'm sorry but that information is proprietary"
INTERVIEW QUESTION: Tell Me About A Time You Handled A Difficult Situation? (The BEST Answer!)
What if a witness refuses to answer a question?
If a witness refuses to answer a question or to produce evidence based on a claim of the privilege against self-incrimination, a judge may grant immunity to the witness under (c) or (d) and order the question answered or the evidence produced.
Can you answer I don't know in court?
As long as the witness has done her homework in knowing what she should know, and as long as she isn't using it as an evasive tactic, then "I don't know" is going to be the only correct answer to that question. For attorneys and those who work with them, that advice is pretty obvious.
Can you plead the fifth in court?
The Difference Between Asserting the Privilege Against Self-Incrimination in a Criminal Investigation Versus in a Civil Case. In criminal cases, you are allowed to “plead the Fifth” and stay completely silent and it cannot be used against you.
Do you have to answer questions on the stand?
At a criminal trial, it is not only the defendant who enjoys the Fifth Amendment right not to testify. Witnesses who are called to the witness stand can refuse to answer certain questions if answering would implicate them in any type of criminal activity (not limited to the case being tried).
Do you have to swear an oath in court?
Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness's conscience.
Does a lawyer have to do what you say?
Most, but not necessarily all, of what you tell your lawyer is privileged. The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.
Why shouldn't you say anything without a lawyer?
You should never talk to the police without first consulting with an attorney. Police officers are trained to obtain confessions, admissions and inconsistencies. If you are innocent, law enforcement can use inconsistencies in your statements as evidence of guilt.
Can a lawyer object to his own question?
The questioning attorney objected to the hearsay given in the answer, when he didn't need to go that far. The judge seemingly overruled his objection because the attorney was the one that asked the question, presumably because, it is true, you cannot object to your own question.
Can you plead the fifth to some questions and answer others?
In fact, if your testimony would incriminate you in any way, it may be in your best interest to invoke your Fifth Amendment right. Keep in mind, however, that pleading the fifth applies to your entire testimony—this means that you cannot choose to answer some questions and refuse to answer others.
Can you tell police I don't answer questions?
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud.
Which amendment allows you not answer questions?
Rights Guaranteed in the Miranda Warning
The amendment that gives you the right to remain silent and not incriminate yourself during all stages of a criminal investigation or prosecution is the Fifth (5th) Amendment.
Can you decline to take the stand?
Refusing to testify can result in a fine or imprisonment for contempt. In the language of the Amendment, you are being “compelled” to testify. So, the 5th Amendment right applies. Of course, many grand jury witnesses have no need to plead the Fifth.
Can you be forced to take the stand?
California Evidence Code § 930 provides that “a defendant in a criminal case has a privilege not to be called as a witness and not to testify.” While a defendant can waive this privilege and choose to testify, the prosecutor cannot call the defendant to the stand just to make the defendant explicitly claim the ...
Why do people plead the 5th?
According to the Fifth Amendment, you have the right to avoid self-incrimination when in police custody. The Fifth Amendment also extends to criminal trials. Defendants can choose not to testify during their trial, and the jury cannot consider that refusal when determining guilt.
Why stand silent instead of entering a plea?
By standing silent, a defendant could have more options during potential plea negotiations, Levinson said. “He keeps on the table the possibility that he could plead guilty in exchange for not receiving the death penalty,” Levinson explained.
Can taking the fifth be used against you?
Finally, an individual who has been convicted of a crime and sentenced cannot invoke the Fifth Amendment. When an individual takes the Fifth, her silence or refusal to answer questions cannot be used against her in a criminal case. A prosecutor cannot argue to the jury that the defendant's silence implies guilt.
Does it look bad to plead the fifth?
The idea is that defendants, whether guilty or innocent, should not be punished for exercising a right under the United States Constitution. Both jurors and the public tend to make an adverse inference against anyone who pleads the fifth, which is why courts do not allow it to be used as evidence in a criminal trial.
Can I say I don't recall?
Any answer – even “I don't recall” – must be truthful
First of all, if you say you don't recall, you need to be telling the truth. If you don't “recall” something you've talked or otherwise communicated with people about, it may only be a matter of time before that comes to light and you could face a perjury charge.
Can you say no when asked to tell the truth in court?
Then you would be in contempt of court. If you will affirm, not swear to tell the truth, then your testimony would be taken. If you refuse even to affirm the truthfulness of your testimony, you would not be allowed to testify and you would be jailed for contempt.
How do you tell the court you can't make it?
Contact the court: If you can, notify the court that you are seeking a postponement due to an emergency. You can also have your lawyer do this, but it's always best to have multiple documents and a stronger paper trail proving that you did what you could ahead of time.