Get 4 California Procedure (5th), Pleading

“Pleading the Fifth” means you are asserting your right under the Fifth Amendment to refuse to answer questions where you might incriminate yourself. It applies both to questioning in police custody and testifying in court. In most cases, when someone states they are pleading the Fifth, all questioning stops.

A prohibition on double jeopardy. A right against forced self-incrimination. A guarantee that all criminal defendants have a fair trial, and. A guarantee that the government cannot seize private property without making a due compensation at the market value of the property.

A court is entitled to draw adverse inferences against the party who “pleads the Fifth.” As Justice Brandeis said, “Silence is often evidence of the most persuasive character.” (United States ex rel. Bilokumsky v. Tod (1923) 263 U.S. 149, 153-154.)

The United States Constitution protects every person from having “to be a witness against himself.” This is known as the privilege against self-incrimination, or “pleading the 5th.” The Fifth Amendment privilege extends to statements that would by themselves support the conviction of a crime as well as to statements ...

“On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”

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 ...

It's rare, but you can be held in contempt if the question has no possible legal jeopardy attached to it. The fifth amendment only provides protection against self incrimination. If the answer to the question can't possibly incriminate you in a crime, then you can be compelled to answer.