There is one thing that each and every person accused of a crime deserves in this country: a fair trial. But who is going to guarantee you a fair trial? Your criminal lawyer, of course. They will formulate a defense and fight for leniency. Even if you are ultimately convicted, having a good criminal lawyer can help you get your charges reduced or your sentence shortened. So how do you find a good criminal lawyer? What will your meeting with them be like? We believe you'll find answers to those and other big questions on this website. After all, we've combed the internet for good, reliable information on criminal law.
Your Fifth Amendment rights are some of the most important in the criminal justice system. But exercising them may also be confusing for those new to criminal matters. When and how can you plead the Fifth? Why might you do this — or not do it? Here's what every American should know about the who, what, where, when, why, and how of their Fifth Amendment right against self-incrimination.
Who May Plead the Fifth?
Everyone has the automatic right against self-incrimination in criminal court. While this right is largely used by defendants, it can also be employed by witnesses in either a civil or criminal trial. The witness, like a criminal defendant, has the right not to answer questions only if doing so might incriminate themselves.
What Is the Fifth Amendment?
While the most common reference to the Fifth Amendment is the right to remain silent, it actually clarifies several rights for defendants. These include the right not to incriminate yourself, the right not to be prosecuted twice for the same offense, the right to a jury trial, and the right to fairness through due process. All but the first right are automatic.
Where May It Be Exercised?
The right against testifying against your own interests is only applicable to criminal matters. A defendant in a criminal trial may use it, but one in a civil trial may not. The Fifth Amendment protections are designed for situations in which a person's life and liberty are at stake — not simply a matter of money or court orders to stop doing something.
When Do You Plead?
Fifth Amendment rights begin in the earliest stages of criminal investigation and continue all the way through a trial. You do not have to be formally under arrest or in open court in order to assert your right. If you are a criminal defendant on trial, you may generally plead the Fifth before taking the stand in your defense. Witnesses may use it on a question-by-question basis.
Why Plead the Fifth If Innocent?
The Constitution stipulates that a jury may not use your Fifth Amendment rights as an admission of guilt. Nor may attorneys point to it as evidence. This allows you a clean slate and avoids letting the prosecuting attorneys trip you up or take your words out of context. It also allows you to participate in a civil trial without worry that you would be charged with a crime afterward.
How Do You Plead the Fifth?
Finally, how do you actually use this right? In general, you must simply make your intention to exercise your right clear. Simply remaining silent doesn't necessarily protect your rights. The wording may vary, though, as long as you clearly state that you are asserting or taking your constitutional right to remain silent.
Where to Learn More
Start protecting your rights by learning more about them. For more information, contact a criminal defense attorney near you.
Share10 May 2023
