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What kind of questions should I expect in a depo. and do I have the right to not disclose personal information?

Snowflake, AZ |

Due to an ongoing investigation of rape charges. Do I have the right to not answer any questions that I feel should not be disclosed.

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Attorney answers 5

Posted

You do not reveal your connection with the rape? It matters

Asker

Posted

I am the victim and have a child from it. He hasn't been truthful to his attorney. It states we had sexual relationship. I was 17 and he was in his 40's. No relationship on my part. only scared little girl, and very ashamed. Now 3 years later he wants parenting time with my daughter. Grown up now, I see things in a different perspective. If any questions arise regarding the charges against him, how do I answer? I want to cooperate but I cant interfere with the investigation either.

Posted

Although you may refuse to answer questions during a deposition in a civil proceeding your failure to do so may have consequences in that action. This question raises serious issues involving your Fifth Amendment rights. You should retain experienced counsel to assist you with the civil and criminal matters that you appear to be involved in.

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Posted

Your level of ignorance about the procedure and effects of a deposition suggests that you're going to get yourself in big trouble if you're not prepared and represented by a lawyer.

Asker

Posted

I'm afraid I have to agree with you. All though I need an attorney desperately I hate to say it but I cant afford one. I'm going to get slaughtered and I'm scared to death.

Steven Roger Rensch

Steven Roger Rensch

Posted

Perhaps, you can pay an attorney for an hour-long consultation so that he may brief you on depositions generally and how to answer questions.

Asker

Posted

Thank you. I wasn't aware attorneys' would be willing to do that. Should I let his attorney know I'm going to seek help and need time to do so?

Steven Roger Rensch

Steven Roger Rensch

Posted

Yes, and if they somehow prevent that, make sure you memorialize their resistance in writing and put it on the record at the depo. No lawyer would want that because it would make judges angry. I still recommend getting a consultation.

Asker

Posted

Thank you so very much. I'm going to try to find someone that might help me in this. You have been extremely helpful.

Posted

I can't tell from your question if you are a victim or a suspect. Either way, you need a lawyer. There is too much at stake to do this without professional help.

This answer is for general education purposes only. It does not create an attorney-client relationship nor is it intended to provide legal advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Asker

Posted

I am the victim

Posted

If you are accused of rape and the case is in the criminal courts, you should hire an attorney or ask the court to provide one. If you are being sued in civil court for the damages from the alleged rape, you should hire an attorney. The 5th Amendment protects you against self incrimination. However, you can waive that right and it will be used against you. In other words, you can end up in jail if your words are used against you.

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