Taking the Fifth
“Taking the Fifth” refers to a person’s Fifth Amendment right to avoid testifying against himself or herself. When someone “Takes the Fifth” he or she is asserting one’s right to remain silent. The Fifth Amendment right against self-incrimination, commonly referred to as the right to remain silent, is a criminal defendant’s or a witness’s constitutional guarantee that “no person shall be compelled in any criminal case to be a witness against himself.”
The right against self-incrimination not only applies in criminal cases but to any testimony that might lead to criminal prosecution or might be used in a criminal prosecution. The self-incrimination protection has to be asserted to be realized. Although the right against self-incrimination is usually invoked in criminal cases, a person can also invoke that right in civil, legislative, administrative, judicial, investigatory, or grand jury proceedings.
If you have made statements to law enforcement and believe your right against self-incrimination has been violated, consult with an experienced criminal defense attorney to determine whether your Constitutional rights have been violated.
Client Reviews
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"God Bless you Stephen, wish you all the successes in life."
Stephen is a great contact and extremely helpful and knowledgeable. I am glad that I was his client in the past. Top lawyer, top man. God Bless you Stephen, wish you all the successes in life.
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I was referred to this group of Attorneys. I was started with a low cost made arrangements. My case had to do with assault allegations. The case was dismissed they helped me not to loose my daughter to the system.
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Restitution Defendant charged in Federal case with felony Fraud involving several million dollars with a 40 years prison exposure.
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Dismissed Defendant arrested for Spousal Battery.
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Dismissed Defendant arrested for felony Rape.
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Mistrial Defendant (Los Angeles photographer) charged with assault and battery.
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Understand your rights when questioned by law enforcement, and avoid making statements that could be used against you.
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A plea bargain might not be in your best interest. Let us help you explore all your legal options before making a decision.