Can a witness refuse to give evidence in a civil proceeding where the answers might incriminate him in future criminal proceedings?

California, United States of America


The following excerpt is from People v. Andrade, E063762 (Cal. App. 2016):

or informal, where the answers might incriminate him in future criminal proceedings.' [Citation.] In all such proceedings, [] 'a witness protected by the privilege may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant. . . . Absent such protection, if he is nevertheless compelled to answer, his answers are inadmissible against him in a later criminal prosecution.' [Citation.]" (Minnesota v. Murphy, supra, 465 U.S. at p. 426.)

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