Legal Question in Constitutional Law in Nevada

Can anyone force me to tell the truth?

Can any government official, such as a police officer, prosecuting attorney, judge or magistrate:

Force anyone to agree, promise or swear to tell the truth? If the answer is yes, what is the source of authority?

Force anyone to actually tell the truth? Again, if the answer is yes, please explain the source of authority.

I have been told that the 1st amendment protects us from saying or uttering anything we do not believe in? Is this correct? If not, why not?

I have been told that no one can be forced to either swear/affirm to tell the truth or to actually tell the truth, over his/her 1st and 5th amendment rights...even under an order of immunity. Is this a correct statement of the law? If not, please explain why not.


Asked on 8/21/06, 4:57 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can anyone force me to tell the truth?

Someone has been badly miseducating you.

You can be forced to testify truthfully in a court and/or in front of various administrative bodies. The same is true in depositions and other proceedings in which your testimoney is required. You will be required to take an oath beforehand, and if you refuse to do so you can be held in contempt. You can likewise be held in contempt if you take the oath and then refuse to answer questions without legal justification (such as the risk of incriminating yourself or a refusal to divulge privileged information). If the reason for your refusal is removed (e.g. by a grant of immunity or by the expiration of the applicable statute of limitations) you must answer truthfully. If you take the oath and testify falsely you can be prosecuted for perjury.

These rules are much older than our country and were part of the English common law, which became the foundation for American law after the country gained independence.

Police generally cannot make you talk to them, but they can at least compel you to give them your name and proof of identity. If you choose to talk with them and knowingly give them false information, you can be prosecuted for making false statements to the police. (Think Martha Stewart.)

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Answered on 8/21/06, 5:10 pm


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