The Fifth Amendment to the Constitution of the United States protects individuals from self-incrimination. In other words, no person within the state of Maryland and throughout United States may be forced in any criminal matter to testify against himself or herself.

This Amendment is in place to protect individuals, whether they are perfectly innocent or not – and there are very legitimate reasons to “plead the Fifth.” Still, there is a stigma associated with this decision, and the court of public opinion often equates pleading the Fifth with guilt. This is an unfair association, because while pleading the Fifth protects your words as evidence in court, it has nothing to do with your alleged guilt or presumed innocence.

When is it beneficial to plead the 5th?

The only information you are required to provide to law enforcement is your identity (your name), your address, and date of birth. Everything else is optional. It is always important to understand that any information you may reveal to law enforcement, friends, family, or even cellmates may turn into evidence prosecutors may use against you.

This is why pleading the Fifth in many cases is the best option. It protects you from attempts by the prosecution to utilize information you may reveal, and frame it in such a way against you that puts you in legal jeopardy, even if you are completely innocent. It is often better not to testify at all and avoid providing answers that may be misconstrued or that may be unintentionally ambiguous, than have those words used against you at a later point in time during the trial.

Exercising your right to plead the Fifth

Even though you have the right to not incriminate yourself, it is important that you understand the potential consequences. You are innocent until proven guilty within the criminal justice system in the United States. Further, judges instruct juries that pleading the Fifth is not an indication of guilt, and they should not consider it an admission on your behalf – but that does not mean the jurors are always convinced. This is why you need to consult with an experienced criminal defense attorney about the use of this constitutional right in your defense strategy.

Even when you exercise your Fifth Amendment right not to incriminate yourself, your voice is still heard through your criminal defense attorney speaking on your behalf. Your attorney can present evidence favorable to your case and attacked the prosecution’s case by identifying inconsistencies and other weaknesses to hopefully reduce or even eliminate your potential charges and/or penalties.

Carey Law Office is committed to defending your rights and freedom and fighting for the best outcome possible in your case. If that means pleading the Fifth, we will discuss that option with you. To set up a consultation, please call us today at 301.464.2500 or send us a message through our contact form. Our offices are located in Bowie and Crofton.