Can I plead the 5th?
I have recently been asked to testify in a custody hearing. I have information that could be damaging to both the plaintiff and the defendant. As well as information that could help both parties. One of which is my exhusband, who has custody of my son. If I offer damaging testimony against him, I worry that it will affect the relationship that we have finally established for the benefit of our son. On the other hand, the other party is capable of alot of damage as well. Can I plead the 5th and refuse to answer any questions? Both have confided in me, I don't want to betray either of them, but must tell the truth if forced to.
1 Answer from Attorneys
Re: Can I plead the 5th?
No. The 5th Amendment privilege is meant to prevent you from being forced to provide testimony that could lead to criminal charges against you. It is not meant to be used as a justification for not testifying.