Legal Question in Criminal Law in Ohio

Can criminal questions asked during deposition in a civil lawsuit be asked

I filed a civil lawsuit against my former employer. Since then, they have accused me of stealing from them. I have a deposition in the civil case coming up in Nov. The trial for the criminal is Dec 18. Can they ask me questions ,at the civil deposition, that have to do with the criminal case? Do I have to answer those? Can I plead the 5th, but still answer them when asked in the criminal case? Any information you can give me is greatly appreciated. Thank you


Asked on 11/01/06, 10:29 am

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Can criminal questions asked during deposition in a civil lawsuit be asked

If you are going to a deposition and you do not have a lawyer with you, I would predict that you are going to have a very hard time sustaining your case. You will most probably say something that will be used against you to dismiss your civil case and maybe even get you in trouble criminally. Your chances of success without a lawyer are not good at all. You will not know what you are supposed to answer and what you should not. If you are asked a question that might incriminate you, you do not have to answer, but the way that you answer and the words you use will be used against you civilly, which is the main problem. DO NOT GO INTO THAT DEPOSITION WITHOUT A LAWYER.

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Answered on 11/01/06, 10:52 am


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