The phrase comes from the Fifth Amendment of the U.S. Constitution.
If you follow the news, politics, or even watch television, you have likely heard the phrase “pleading the 5th.” It is a relatively common phrase, yet one that not many people fully understand. So what exactly does it mean to “plead the 5th”?
The phrase comes from the Fifth Amendment of the United States Constitution, which provides that “No person…shall be compelled in any criminal case to be a witness against himself.” In other words, in criminal cases, a person does not have to testify if it will tend to incriminate them. As a criminal attorney Los Angeles, CA can explain, the Fifth Amendment right against self-incrimination only applies in criminal settings.
So how can you “plead the Fifth”? If you have heard this phrase being used, it was probably said in a trial or a trial-like setting. But you can exercise your Fifth Amendment rights in a number of ways, such as when you are being questioned by the police. Your right to remain silent and your right to speak to an attorney both flow from the Fifth Amendment. However, according to a criminal attorney Los Angeles, CA, the only time that you can actually “plead the 5th” is when you are actually on the stand during a criminal trial.
It is important to remember that “pleading the 5th” is something that you can only say on the witness stand during a criminal trial. Otherwise, you will not effectively exercise your rights — and may lose important protections. If you are being interrogated and want to remain silent or to ask for a lawyer, you need to do so clearly and explicitly, by saying “I am exercising my right to remain silent,” or “I want to speak to an attorney.” Saying that you are exercising your Fifth Amendment rights will not work in this context.
If you are on the stand in a criminal trial, either as a defendant or as a witness, you can plead the 5th. However, you should keep in mind that this only will protect you from testifying about matters that will tend to incriminate you. This does not mean that you can plead the 5th to avoid testifying at all, or to not talk about something that makes you uncomfortable. It can only be used in a very narrow way: to be compelled to testify against your own interests. Courts have interpreted this to mean criminal interests — not just something that may be embarrassing. For example, if you are testifying, and you attempt to plead the 5th about where you were on a particular date because you don’t want anyone to know that you went to a Nickelback concert, the court will likely reject your attempt to plead the 5th. However, if you want to plead the 5th because you were doing drugs at the time, that may be permitted.
Invoking your Fifth Amendment rights can be complicated. However, if you are charged with a crime, one of the most important things that you can do is hire a criminal attorney Los Angeles, CA as soon as possible. Your lawyer can work with you to develop a strategy to defend against the charges and help you defend your rights and your freedom.
The Chambers Law Firm represents people charged with a range of California crimes. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled criminal attorney Los Angeles, CA.
