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What Does It Mean to "Plead the Fifth?"

1/30/2012

4 Comments

 
We hear about this all the time.  Someone is accused of a crime or suspected of a crime or charged with a crime.  They are brought into court or before Congress or into a grand jury.  They refuse to answer questions, invoking the Fifth Amendment. 

This can be called, pleading the Fifth, taking the Fifth, or invoking the Fifth.  It may also be called invoking you right to remain silent.  The witness can use any of these phrases, or they can say, "I refuse to answer on the grounds that it may incriminate me."  If the witness is worried about public perception, they may also insert the phrase, "On the advice of my lawyer..."

The Fifth Amendment of the U.S. Constitution states that no person "shall be compelled in any criminal case to be a witness against himself."

What this means is that the government has to build a case against you, using evidence that does not come from your mouth.  Of course, you can waive this right and talk to the police, and give them a bunch of evidence to use against you if you want.  And many, many people do exactly that.  But you have a constitutional right not to do so if you don't want to.

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4 Comments
Search criminal records link
5/19/2013 07:06:34 pm

The post is obviously fantastically investigated and also structured, along with becoming consisting in sensible words. Than

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Blythe
5/21/2013 06:37:07 am

Thanks for your feedback! I appreciate it!

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Santosh Lawyer link
5/8/2022 11:50:11 pm

Thanks for sharing. I will try to implement these methods on my blog. Thanks for sharing. Keep updating us.

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Mia Evans link
5/13/2022 01:49:11 am

Thanks for pointing out that it would help if you invoke your right to remain silent by also mentioning that it is advised by your lawyer. This should be the best example of how a law enforcement consulting service would help even business owners to protect themselves. There might be a various incidents that can happen in their property or establishment which would affect their overall reputation, so having a professional to educate them and also to assist them will prevent any more damages from happening.

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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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