Legal Question in Criminal Law in Texas
Fifth ammendment in Texas civil litigation
Our daughter was murdered in the May of 99. While I understand that the defendant does'nt have to testify in the criminal trial (fifth ammendment) does he have to testify if we bring a civil action against him? If we do proceed what would the jurisdiction be? The person we're considering litigation against resides in or around Plano Texas. Thanks in advance for your help in this matter! Michael DeFriese
1 Answer from Attorneys
Re: Fifth ammendment in Texas civil litigation
No, but his refusal may be used against him in a civil proceeding. Sometimes a court will abate the suit until after the criminal proceeding. The decision of where to sue is part of the litigation process and that should be discussed with an attorney in private.
http://www.reasonable-doubt.com
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