What can I do if my friend is getting a divorce and the ex-husband wants to subpoena me because I was drinking at a party and the ex-wife was driving me?

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What can I do if my friend is getting a divorce and the ex-husband wants to subpoena me because I was drinking at a party and the ex-wife was driving me?

I am underage and testifying might incriminate me. Can I plead the 5th and, if so, is there a way to do it without giving the court a reason to doubt the ex-wife?

Asked on November 26, 2015 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can "plead the 5th" only while actually testifying--it's not grounds to not appear. You have to assert this right queation by question. And you can only assert it against those specific questions that would implicate you of a crime, like underage drinking. So you could refuse to answer about whether you drank...but would have to answer about being at the party or the wife driving you.


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