People v. Ruch. Fifth Amendment—Probation Revocation

Summary

The court held that Ruch's complete refusal to enroll in or attend sex-offender treatment was a premature and ineffective blanket assertion of the Fifth Amendment privilege. Because he had not been asked any incriminating questions, threatened with revocation for invoking the privilege, or required to waive it, the trial court properly revoked his probation based on his refusal to participate. The court reversed the court of appeals and remanded for reinstatement of the revocation and sentence.