What Does Plead the Fifth Mean?

Pleading the Fifth refers to protections under the Fifth Amendment to the U.S. Constitution against self-incrimination. If you think a statement could expose you to criminal prosecution, you can assert your constitutional right to remain silent.

Understanding your legal rights can help you avoid unjust treatment by law enforcement and the courts. If you have questions about pleading the Fifth and your right to remain silent, talk to a civil rights attorney for legal advice.

Understanding the Fifth Amendment

Your legal rights under the Fifth Amendment of the U.S. Constitution include:

• The right to an indictment by a grand jury
• Protections against multiple criminal charges for the same offense (double jeopardy)
• Guarantees against deprivation of life, liberty, or property without due process of law
• Provisions against the taking of private property without just compensation
• Prohibitions against being compelled to witness against yourself in a criminal case

How the Fifth Amendment Protects Against Self-Incrimination

The Fifth Amendment states, “No person… shall be compelled in any criminal case to be a witness against himself.” This right protects people in a criminal trial setting to the extent that they cannot be compelled to testify against their own interests. Protections against self-incrimination also apply when testifying in a legal proceeding or congressional hearings.

The burden of proof in a criminal case is on the prosecutor. They have to prove you are guilty beyond a reasonable doubt. You don’t have to help them prove the criminal charges. Under your Fifth Amendment rights, silence is not evidence of guilt or wrongdoing.

Taking the fifth is a narrowly tailored shield. It only protects someone in very specific contexts. You can invoke this protection as a witness, in a criminal trial setting, or while being interrogated by a member of the government.

Miranda Warning Rights

Pleading the Fifth relates to your Miranda rights. In Miranda v. Arizona, the U.S. Supreme Court held the Fifth Amendment protections apply to interrogations under police custody. If the police take you into custody, they have to give you a Miranda warning so you understand your rights. Your Miranda rights include the right to remain silent and the right to an attorney.

Invoking the constitutional right to counsel may stop the police from questioning a suspect in police custody or witness until their attorney is present. You must invoke your rights clearly and unequivocally.

Pleading the Fifth in Criminal vs. Civil Cases

Criminal defendants accused of a crime are rarely put on the stand to testify in their own trial. However, in the example of a conspiracy trial, a witness may be called upon to testify against alleged co-conspirators. When answering questions under oath, a witness could implicate themselves in a crime. Prosecutors could later use it as evidence in charging them with a crime.

You can plead the Fifth in a civil case, but it does not have the same legal protections. In a civil case, the judge or jury can conclude that the reason you refuse to testify is that your testimony would hurt your case.

Legal Advice When Invoking the Fifth Amendment

Before testifying in court or talking to the police, consider if what you say could be used against you. If you say something that could expose you to criminal charges, you can plead the Fifth. To plead the Fifth means you understand your rights to protect yourself against self-incrimination.

If you’re not sure whether you may say something incriminating, invoke your right to talk to your lawyer. Stop talking to the police and unambiguously say you want to talk to your criminal defense attorney. If you are served a subpoena to be a witness in a criminal proceeding, it is in your best interest to consult with an attorney or contact a law firm before you answer questions.

An experienced civil rights attorney can explain your legal protections and help protect you against unjust treatment. Contact an experienced civil rights defense attorney.