Courts Power to Inquire into Exercise of Privilege Against Self Incrimination
A witness who claims the privilege against self incrimination has the burden of showing that the privilege against self incrimination applies to him or her. The person claiming the privilege has the burden of showing that the proffered evidence might tend to incriminate and bars use of the evidence unless it clearly appears to the Court that the proffered evidence cannot have a tendency to incriminate the person claiming the privilege. The Court may not consider the likelihood of an actual prosecution in deciding whether to permit the privilege and cannot force a witness to make incriminating statements because it believes actual prosecution is unlikely. The standard is whether a statement could be used against a witness not whether or not it would be used.
If you are arrested or charged with afelony, contact
Christine McGuire, the Santa Cruz Criminal Defense Attorney; Christine McGuire, the Santa Cruz Criminal Defense Lawyer.