The majority of people have heard the phrase “pleading the Fifth”. Essentially, this means staying quiet when asked a question. The phrase comes from a constitutional right to remain silent, enshrined in the Fifth Amendment.
Those under suspicion or accused of a criminal offense are entitled to exercise this right during questioning, interrogation and even in court. Why is it so important to assert your Fifth Amendment rights when dealing with the police?
They may have nothing on you
The police may approach you and suggest that they have strong evidence against you. That doesn’t mean that they do. The reality is that when the police have probable cause and very strong evidence, they may not bother asking questions. If they are asking questions then they could be probing for more incriminating evidence. By talking, you might just give it to them. By exercising your Fifth Amendment right to remain silent, they may have to let you go.
Innocent errors could be twisted
Even if you know you have done nothing wrong, talking to the police could still land you in trouble. For example, you may proclaim your innocence by telling the police that you were working on the day that the alleged crime was committed, so couldn’t have been there. However, upon checking your alibi, it was actually your day off. You didn’t mean to deceive them but simply got your dates mixed up. Now, it may look like you have lied and this might not look good in court.
Generally, it’s best not to talk to the police until you have sought legal guidance.
