How to Assert A Fifth Amendment Privilege in Court
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- Опубликовано: 11 окт 2024
- If you get a summons or subpoena to testify as a witness in court, you may be able to get out of it, legally. Boston, MA defense attorney Joseph Simons explains how you can assert your fifth amendment (or "plead the fifth") and avoid having to testify if your testimony could incriminate you.
Can I use the 5th on ANY question I am asked in court...even if the answer is not incriminating? For example, "What is your name?"
What happens to someone who is legally compelled to testify, but refuses to do so anyway?
Are they locked up and the key thrown away? Are their statutes that would have a regular criminalizing effect on the situation?
Would a judge keep you in jail as long as you refuse to testify?
Common in mafia executions witnessed by passerby, nothing can happen just state “ i have nothing to say”.
That forced immunization business is interesting... I wonder if it would hold up to a constitutional challenge, given the clear text of the 5th Amendment: "nor shall be compelled in any criminal case to be a witness against himself". The 5th Amendment says nothing about "unless the prosecutor really wants him to and promises not to prosecute him on that stuff later", right?
I wanted to say something about the Constitution and the paper is usually printed on but I rather keep my mouth shut.
@@anonymousbyproxy8250 Heh, fair enough. Though you do have the right to not keep your mouth shut. Many of my fellow Americans exercise this right continually, day and night!
@@hoi-polloi1863 Freedom of speech is guaranteed by the Constitution as long as u keep your mouth shut and fingers off the keyboard (lately plenty of examples).
Florida I’ve plead the 5th several times as an alleged witness now subpoenaed and another court date with lawyer they’re talking immunization but I will still plead the fifth but I have reasons to believe it could go federal? How does that work
What if Mass. Superior court wants a son to listen to a recorded message to say if it's his mothers voice or not? Can the son plead the 5th or say "In my opinion, that doesn't sound like my mothers voice." Is that allowed?( an opinion)
It doesn't sound like the son would have a fifth amendment issue in that scenario, but it can't hurt to consult with an attorney to explain the whole situation to get a legal opinion.
If u take the 5-th (ie refuse to talk) the Court will take it as they please : for or against the interest of the legal system that keeps them in business.
Is it a privilege or a right? Or Both?
It’s a constitutional right. But often referred to as a privilege.
De jure a constitutional right, de facto : worthless, really worthless, the prosecutorial power of the US government is HUGE, any prosecutor or judge can give you life just for jaywalking if they really want to.
What happens after I plead the fifth?
It may make your case worse. The Fifth is just a theoretical concept, in practice they laugh at u if u mention it.
Not a privilege, a right guaranteed by the constitution.
100%. Maybe it has something to do with the club they are in, the bar assoc.
Just give me a break with this “guaranteed by the constitution” - they will tell you flatly in your face : once you are accused you lose all your constitutional rights and they even may give you a copy of the Constitution printed on … soft paper.