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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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The 5th | 107 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The 5th
Authored by: MDT on Friday, November 09 2012 @ 10:07 AM EST
You can plead the 5th to anything and everything. You're not admitting to a
crime, you're just saying you don't want to speak because you may incriminate
yourself in some way.

If I'm called to court as a witness to a traffic accident, I can plead the 5th
to every question, including my own name, if I choose. It won't endear me to
the judge, the lawyers, or the jury, but I don't care, it's not about me. A lot
of people who are material witnesses never get called by threatening the DA with
such. There's usually a counter-threat about obstructing justice charges, but
that's an empty threat, you can't be charged with obstructing justice for not
answering questions when pleading the 5th.

Now, is it a good tactic for Apple and their lawyers? Oh god no, the judge
would come down on them like a hammer in every way she could, like finding for
Samsung on the jury misconduct and vacating the jury award. They'd never get an
even break again in her court, much less having her tip the field in their
advantage as she's been doing.

---
MDT

[ Reply to This | Parent | # ]

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