Invoking the 5th in civil cases: awareness of self-incrimination risks in non-criminal forums can prevent a waiver of the privilege

Article Abstract:

Attorneys for business clients in civil proceedings in which the government might also bring criminal charges should be careful not to waive the fifth amendment privileges which they have in civil proceedings as well and increase the possibility of criminal prosecution. The privilege applies at the pleading stage, not just at trial. The matter is difficult, though, since invoking the privilege could raise an adverse inference. Some courts allow the staying of a civil action until a criminal matter is resolved. Other possibilities include a protective order restricting use of discovery to civil proceedings.

Laws, regulations and rules, Evidence (Law), Civil procedure, Self-incrimination, Self incrimination

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Preparation is the key to victory; Neal R. Sonnett

Article Abstract:

Neal R. Sonnett, a white-collar criminal defense lawyer, believes that preparation is the key to winning. He finds this particularly key in white collar crime cases which tend to have profuse documentation to sift through. He states that the defense attorney in federal court is up against a well-prepared, well-funded prosecution and that it is hard for the defense to win. Sonnett feels that the opening statement and cross-examination are important places to present a competing theory.

Defense (Criminal procedure), Sonnett, Neal R.

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Justices block an opening for defendants

Article Abstract:

The US Supreme Court held in United States v Williams that prosecutors are not constitutionally obligated to provide exculpatory evidence to a grand jury. It is the most recent in a string of cases restricting a defendant's ability to question an indictment due to improprieties during the grand jury proceedings. Prosecutors may still present exculpatory evidence pursuant to Department of Justice internal procedures.

Testimony, Public prosecutors, Grand jury, Grand juries, Extenuating circumstances

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