If you’re a fan of legal shows like Law & Order or Blue Bloods, you’re probably somewhat familiar with the phrase “pleading the fifth.” However, Hollywood doesn’t always portray courtroom or legal scenes all that accurately, so what does it mean to plead the fifth in a criminal case? We take a closer look at what it means to plead the fifth and if it’s a move you should do for your criminal matter.
Pleading The Fifth
“Pleading the fifth” is a shorthanded way to invoke your right to the Fifth Amendment to the US Constitution, which states:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
There are a lot of different aspects of the fifth amendment, but we bolded the most important part as it pertains to this blog. Essentially, the fifth amendment states that you cannot be forced to answer questions that could end up incriminating you in a criminal matter. If you are suspected of committing a crime and police ask you about your involvement, you do not need to answer any questions that could hurt your case.
Perhaps the most helpful aspect of the fifth amendment is the fact that invoking the fifth amendment cannot be used against you in the court of law. For example, a police officer can’t argue that your decision to remain quiet is a sign of guilt. You have the right to remain silent, and while anything you say can be used against you in the court of law, your silence cannot be used as a sign of guilt.
One of the most common tricks that police officers will use on a driver is the phrase “if you have nothing to hide, then you shouldn’t be worried about a search of your vehicle.” While that may be partially true, you can absolutely refuse to allow an officer to search your vehicle unless they have a warrant or you have been arrested. The same logic applies to speaking. An officer will try to get you to talk about the incident, but you are within your rights to stay silent in regards to the incident, and this silence is not evidence that you are guilty of the crime.
Don’t worry about “looking guilty” by staying silent. It’s much more likely that you’ll say something that will end up hurting your case by talking. Always communicate about a case through a lawyer, as they will ensure that everything is by the book and your interests are protected.
So feel free to plead the fifth if you ever run into trouble, and know that it your decision to stay quiet won’t hurt your case. If you want to talk, make sure you talk to a lawyer first, and we know how you can get in contact with a great team. Pick up the phone and call the team at Appelman Law Firm today at (952) 224-2277.
