Can a defendant invoke the Fifth Amendment against self-incrimination in a civil proceeding?
California, United States of America
The following excerpt is from Orange Cnty. Soc. Servs. Agency v. Jack H. (In re Savannah H.), G050119 (Cal. App. 2015):
6. Although a criminal defendant's right to invoke the Fifth Amendment against self-incrimination is absolute - and no adverse inference may result from it - the same is not true in civil proceedings. "'[A] witness or party may be required either to waive the privilege or accept the civil consequences of silence if he or she does exercise it.' [Citation.]" (Blackburn v. Superior Court (1993) 21 Cal.App.4th 414, 426.)
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