25
votes
Accepted
What kinds of sanctions would be applied if you wrongly invoked the Fifth Amendment?
In the US, a person is "within their rights" to invoke the Fifth Amendment, i.e. refuse to self-incriminate. However, the government can give a person immunity from prosecution for offenses having to ...
- 217k
23
votes
Accepted
Can you ever be certain that you will not be tried for an alleged crime?
united-states
The general rule
Is a person in one of those two scenarios forever in purgatory where
theoretically charges are always potentially pending?
In the first scenario, yes.
In the second ...
- 240k
13
votes
What kinds of sanctions would be applied if you wrongly invoked the Fifth Amendment?
[I didn’t see user6726’s excellent answer until after I finished mine. There’s quite a bit overlap — except that he discusses immunity, which I ignore — but I think there’s enough difference that some ...
- 8,446
12
votes
If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?
Carl might be interested in bringing a civil lawsuit against Scarlett arising out of the scam, but in doing so, would probably waive any right he had (if any) to keep his own involvement secret and by ...
- 240k
9
votes
Accepted
Has New Jersey v. Andrews ever been successfully challenged?
The question is ill framed, but I'll try to reframe it and answer it.
New Jersey v. Andrews is a decision of the New Jersey Supreme Court (its highest appellate court), which held that you do not have ...
- 240k
8
votes
Accepted
Should I retain a criminal defense lawyer just in case?
You don't need to have an existing relationship with a lawyer to refuse to talk to the police. You can tell the police you want a lawyer before answering questions. Generally speaking, this should ...
- 61.8k
8
votes
If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?
Every offence, by either party, can be independently prosecuted.
Whether a person who has themselves committed an offence will avoid reporting or co-operating is not a legal question.
Intent to commit ...
- 72.8k
6
votes
Can you ever be certain that you will not be tried for an alleged crime?
canada
For summary (non-indictable) offences, there is a limitation period of twelve months: charges must be brought within twelve months of the offence.
For indictable offences, there is no ...
- 72.8k
6
votes
Accepted
Can a witness refuse to answer a question in a civil proceeding if it would incriminate her on a unrelated criminal matter?
In McCarthy v. Arndstein, 266 U.S. 34, the Supreme Court declared that
The privilege is not ordinarily dependent upon the nature of the
proceeding in which the testimony is sought or is to be used. ...
- 217k
5
votes
Accepted
Claiming self-defense and refusing to self-incriminate at the same time
australia new-south-wales
The prosecution must eliminate self-defence beyond reasonable doubt
The common law of self-defence has been replaced by statute law in ss418-423 of the Crimes Act 1900.
This ...
- 227k
5
votes
Neighbors are spying for landlord on Renters is it legal?
This hinges on what you mean by "spy".
Generally, a landlord cannot enter a leased or rented property* without the tenant's consent, nor can their agents. (They can arrive and ask to enter, as can ...
- 8,879
4
votes
Do arrestees have the right to private communication with a lawyer?
In the USA communication between an attorney and their client is "privileged". This makes it illegal for, amongst other things, the police to listen in to conferences between a suspect and their ...
- 14k
4
votes
Can someone be compelled to prove they are complying with a contract? (If contract doesn't stipulate such proving)
Can someone be compelled to prove they are complying with a contract?
In this context, yes, since its apparent breach is evident. The other answer rightly explains the notion of preponderance of ...
- 45.5k
4
votes
Failing to mention when questioned something you later rely on in court
Your point A is exactly right. The 1994 Act allowed the prosecution to draw attention to the fact that you refused to say "but I was with Jack the Knife all the time" at the time you were initially ...
4
votes
Can a person be compelled to testify against themself in a civil trial?
The Fifth Amendment right against self-incrimination applies only in criminal trials, but it permits a witness to refuse to answer a question in either criminal or civil cases, including in a ...
- 61.8k
4
votes
Fifth Amendment privileges v. Sixth Amendment privileges in criminal trials
Yes, there is indeed a conflict, often described as a balancing act. Similarly, the principle of free speech protected by the First Amendment requires that the public tolerate lies in political ...
- 115k
4
votes
Accepted
How do USA nationals pay taxes on illegal income without self incriminating themselves?
You would report illegal income via Schedule 1, line 8. At the bottom, after naming many specific legal sources of income there is a line 8z "Other income. List type and amount" with very ...
- 217k
3
votes
(Car accident) Is there a way to accept civil liability without incriminating yourself?
Is there a way to accept civil liability without admitting a criminal
violation? Are you allowed to tell the police, “I accept full
responsibility for the accident, but I don’t wish to discuss what
...
- 240k
3
votes
If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?
In general, Carl just needs to absorb the loss - although as as criminal he will probably take his own retaliatory action. But in n your specific cases...
Carl has the simple option of lying about ...
- 2,797
2
votes
How does the 5th amendment protect a defendant from disclosing a phone password?
When courts have upheld orders that make a defendant reveal or enter a password or access code, those orders have been justified under the "foregone conclusion" doctrine.
If it is a foregone ...
- 4,054
2
votes
If a court witness self-implicates are they automatically charged?
No. In the common law world, conviction of a criminal offence can only occur after a judicial process which starts with a charge laid by the prosecution. The decision to lay a charge is never ...
- 9,356
2
votes
Claiming self-defense and refusing to self-incriminate at the same time
This is a broad topic, and the answer may vary depending on jurisdiction, but here's some of what LaFave has to say about the burden of proof for affirmative defenses:
As to the burden of ...
- 61
2
votes
What are the 5th Amendment Rights of Minor Students with respect to School Resource Officers?
Every case I've seen suggests that the answer is yes.
Most on point is N.C. v. Com., 396 S.W.3d 852 (Ky. 2013), dealing specifically with whether an SRO was permitted to question a student without ...
- 61.8k
2
votes
What are the 5th Amendment Rights of Minor Students with respect to School Resource Officers?
According to a post at AZ Pinnacle Law, which appears to be Arizona based,
Police Can Question Minors Without Parental Consent
Even though police have the right to question children, parents ...
- 1,208
2
votes
Accepted
Can statements used in one's defence in one trial be used as evidence against the defendent in another trial?
Can statements used in one's defence in one trial be used as evidence
against the defendent in another trial?
Generally speaking, yes, assuming that the use of the evidence in another trial is not ...
- 240k
2
votes
Can someone be compelled to prove they are complying with a contract? (If contract doesn't stipulate such proving)
No, he does not HAVE to prove it. Period.
I would just point out that the only way the homeowner would be in the position necessary to decide to prove it or not is if the HOA presented him with the ...
- 41
1
vote
During an investigation, can a US law enforcement officer say something is legal if it is not?
In general, police are allowed to lie. Certain statements are taken to be self-enforcing, for example "You are under arrest" means that you are under arrest, "Yes" in response to "Am I free to go" is ...
- 217k
1
vote
Can someone be compelled to prove they are complying with a contract? (If contract doesn't stipulate such proving)
Relying on generally applicable contract principles, my analysis indicates that the homeowner has no obligation to respond to an HOA demand that he demonstrate his compliance.
There's a provision ...
- 61.8k
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