Q: My husband was subpoenaed to a family court hearing. His testimony will incriminate him in a crime.Can he plead the 5th?
A: Yes. Definitely get a lawyer. The Supreme Court has held that the Fifth Amendment can apply to civil proceedings as well.
Ryan L Hyde agrees with this answer
A: The answer is probably yes, but your Husband needs to sit down with a lawyer, and confidentially discuss the situation.
Ryan L Hyde agrees with this answer
A: I am going to mostly agree with my colleagues. The Fifth Amendment is not as easy as he can't testify because he might incriminate himself. It does apply in Civil Court proceedings. So his best course of action is to call an attorney run through his potential testimony with them and have competent representation at the hearing. Invoking your Fifth Amendment right in theory is always easier than it is in reality which is why it's better to have an attorney in the loop.
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