QUESTION
How can a criminal defendant legally remove himself from a deposition?
Asked on Oct 08th, 2012 on Entertainment Law - Michigan
9 ANSWERS
Take the fifth.
Answered on Oct 09th, 2012 at 1:01 PM
Dennis P. Mikko
A criminal defendant has a Fifth Amendment right against self incrimination. The criminal defendant cannot be made to testify against himself in his own case.
Answered on Oct 09th, 2012 at 12:57 PM
Ronald A. Steinberg
They don't usually do depositions in criminal cases, so I have no idea what you mean.
Answered on Oct 09th, 2012 at 9:26 AM
You have to respond otherwise you'll DEFAULT (lose) the civil case against you. If you're NOT the one being sued then just don't show up.
Answered on Oct 09th, 2012 at 8:30 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you are subpoenaed to attend a deposition, you can file a motion with the court to quash the deposition. However, you must have grounds. If you have reason to believe the subject matter of the deposition may relate to the criminal charges, that could be the basis to quash the subpoena, that it would violate your fifth amendment rights. However, the judge may take the position that you should attend the deposition, during which you can refuse to answer questions that may tend to incriminate you.
Answered on Oct 09th, 2012 at 8:28 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't think he can except for good cause and a court order and both are unlikely
Answered on Oct 09th, 2012 at 8:22 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It's called "taking the fifth." Under the Fifth Amendment to the Constitution, no one can be compelled to testify against himself. So, if the deponent says "I respectfully decline to answer on the grounds that I might tend to incriminate myself" then he doesn't have to answer.
Answered on Oct 09th, 2012 at 8:10 AM
Susan Marie Basko
I wish there was more information in this question. Generally, when a deposition is called, it is being called because a Court is allowing it. And yes, in some criminal cases, there are depositions. However, a criminal defendant is never required to testify against himself, so a defendant is not deposed in his own criminal court case. Therefore, a criminal defendant should not have to remove himself from a deposition, he should never be deposed to begin with. A defendant or defendant's lawyer will have the right to be present at all depositions.If you are a criminal defendant, you have the right to a lawyer, even if you cannot afford one. If you do not have a lawyer, you should ask the court for one or contact the public defender's office associated to the court. When you get a lawyer, you should ask your lawyer this question and any other questions you have.
Answered on Oct 08th, 2012 at 5:02 PM
Depending on who is requesting the deposition and what questions would be asked, you may have a 5th Amendment right to refuse to answer. Otherwise, you may have reasons that may persuade a judge to relieve you from appearing or answering certain questions.
Answered on Oct 08th, 2012 at 1:52 PM