Legal Question in Criminal Law in California

Can I take the 5th when asked if I was cited for an infraction?


Asked on 7/17/12, 11:46 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If you are going to take the 5th, how about not testifying at all?

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Answered on 7/17/12, 12:34 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You should discuss your situation in detail with a lawyer. Having said that, the answer to your question is probably no. The Fifth Amendment protects you, in many situations, from having to provide information to the government that could implicate you in a crime. An infraction is generally not a crime. Whether you were cited is a question about what the government did, not what you did. And you haven't even said who is asking the question or in what context. As I said earlier, though, you should discuss your situation with a lawyer so she can give you more concrete guidance.

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Answered on 7/17/12, 1:38 pm


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