This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Self-Incrimination The Fifth Amendment also protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory.
For instance, you could say: “I'm taking the 5th and refusing to answer your questions.” “I'm asserting my constitutional right to remain silent.” “I'd like to exercise my 5th amendment rights and not speak to you.”
At trial, an individual may “invoke the Fifth” by declining to testify in their own defense, and the prosecution may not comment on such a decision.
Fourth Amendment: protects against unreasonable search and seizure. Fifth Amendment: protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain. Sixth Amendment: the rights to a speedy trial, trial by jury, and to the services of a lawyer.
What this means: The amendment may be proposed in either the Senate or Assembly. The Amendment must be passed, by majority vote, in both legislative houses (Senate and Assembly). If such majority vote in both houses is secured, the amendment is then put before the next duly elected legislature for consideration.
“On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
In a more formal setting, such as a deposition or hearing, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...
SEC. 5. (a) (1) Each house of the Legislature shall judge the qualifications and elections of its Members and, by rollcall vote entered in the journal, two-thirds of the membership concurring, may expel a Member.