Should You Take The Fifth? Learn Your Rights! A Former Prosecutor Explains (2022)

Take The 5th? What Does It Mean?

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This is one of the most common questions I get on a daily basis – what is the 5th Amendment and what does it mean if I exercise my rights?

We are talking about the 5th Amendment to the US Constitution

You have a right in America to not admit to anything or talk about anything! Legally, you can refuse to answer the detective or police officer’s questions if you are being investigated. In fact, if you don’t take the 5th, every word you say will be used against you by the police officer!

Notice I said – “take the 5th” – if you don’t invoke this right, you don’t get the benefit of it. You must invoke the right to get the benefit of it!
Say – I take the 5th! Then be quiet!

But if I invoke the 5th, I will look guilty, right? No way! They can’t use your exercising constitutional rights against you at all! What if you are innocent?

Detective calls you and says, “I need you to come down to my office and answer some questions about some evidence I have.” What do you do?

What if you Go to the detectives office and try to explain? What will happen?
o The detective's Questions will be direct, closed ended
o You Will not be given a chance to tell your story – it will be an interrogation
o What if the detective Misinterprets you? Manipulates you? Reads your body language wrong?
o Another common tactic is the detective will ask you surrounding questions to paint a picture of guilt. What if you admit to facts that are not important but it makes the alleged victim or other witness look more credible?

What if you decide to No Show for the appointment with the detective? At least the officer is left with only the information they have and unable to twist your comments into a statement of guilt.
o By not showing up, the detective will likely issue a warrant OR
o Drop the case for lack of evidence
o Downside – you don’t know which one is coming and it will be hanging over your shoulder

What If You Hire a Lawyer?
o By hiring a criminal attorney, You answer no questions!
o Your criminal attorney calls for you and provides possible evidence to clear your name – everything your lawyer says is hearsay and cannot be used against you!
o A criminal lawyer can help you know if you have a warrant and walk you through the process to protect you if there is a warrant

What if you are guilty?
o Detective wants you to talk – what do you do?

Go to office and agree to an interview?
• If you do, the Detective will confront you with evidence you can’t explain to make you look guilty.
• If you try to explain the evidence presented – he will say you look guilty.
• If you stop talking when he confronts you with evidence – he will claim your body language was evasive and you appeared to be hiding something.
o Saying nothing will look suspicious UNLESS You invoked the 5th!

What if you are guilty and you No Show for the meeting with the detective?
• Get ready for a warrant

What if you are guilty and you Hire a lawyer?
• You are no longer going to have to answer any questions!
• Your Attorney calls for you and provides possible evidence to clear your name – everything your lawyer says is hearsay and cannot be used against you!
• Lawyer can help you know if you have a warrant and walk you through the process to protect you if there is a warrant

Major Lesson = Take the 5th! Don't talk to the officer! It will not help you!

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00:00 What’s The 5th? Should You Take It?
00:30 What’s The 5th?
01:04 What If You Don’t Take The 5th?
02:07 Will You Look Guilty If You Take The 5th?
02:37 Should You Take The 5th If You’re Innocent?
03:10 What Happens If You're Innocent & You Go To Talk To Detective?
04:21 What Can Go Wrong With A Detective If You're Innocent?
05:42 What Happens If you're Innocent & You Don't Go To The Detective?
06:28 What Happens If You're Innocent & You Hire A Lawyer?
07:30 What Should You Do If You're Guilty?
07:40 What Happens If You're Guilty & You Talk To The Detective?
08:26 What Happens If You're Guilty & You Don't Talk To The Detective?
08:36 What Happens If You're Guilty & You Hire An Attorney?

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