Criminal Law Questions? Ask a Criminal Lawyer.
Good morning Joyce, I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. Quite simply, deposition testimony given in a civil case, and which objections to questions which might be incriminating---either civilly or criminally---are not objected to, may be used against the person in either a criminal matter or a civil matter. This is because it is valid testimony that is not objected to based on any right not to testify. If the person refuses to testify, claiming a Fifth Amendment right, the deposition testimony may then be offered into evidence to prove the prior admission---thereby getting the admission into the hearing/trial. You can also then ask the court to find that he has waived his right not to testify and order that eh testify as regards XXXXX XXXXX that he has waived by providing the previous deposition testimony. In this matter, there would be no legal basis to continue the civil case---though the court might grant such if requested by the party wanting to force the personal testimony of the person subject to the criminal charges. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction. I wish you the best in your future. Doug
Please confirm that the D (in the civil trial) can be forced to testify to any question since he gave a deposition waiving his right to the 5th amendment. I was thinking that possibly he could refuse questions using the 5th that were not covered in the deposition that he gave prior to trial.