Tenacious
Defense

In the heart of Manhattan’s Financial District

Tenacious
Defense

In the heart of Manhattan’s Financial District

In-depth understanding of the Fifth Amendment 

On Behalf of | May 28, 2025 | Criminal Defense |

What would you do if the police started asking you questions? For many people, answering any questions from the police would be the right thing to do, especially people who believe these questions are innocent. However, answering questions from law enforcement can lead to significant fines, incarceration and other punishments–even for people who believe they have not committed a crime.

To avoid serious criminal charges when talking to the police, people can exercise their right to remain silent under the Fifth Amendment. To understand your legal rights and why you should remain silent when the police talk to you, you should read more:

Your right to remain silent

The Fifth Amendment protects you from incriminating comments. An incriminating comment can include any statements that you make that could be recorded and presented as evidence in court to charge you with a crime. For example, saying any of the following comments to the police could lead to criminal charges:

  • “I only had one drink.”
  • “I was there when it happened.”
  • “I’m sorry I did that.”
  • “I won’t do it again.”
  • “It was wrong for me to do that.”

Any of these statements could indicate that you violated the law, leading to an arrest. Incriminating comments could also be collected from social media posts or conversations with friends or family. 

If the police talk to you, you can enforce your right to remain silent by “pleading the Fifth” or stating that you are invoking your Fifth Amendment rights. By making this statement, you are letting the police know that you are willing to cooperate but not make any statements that would incriminate you. Even if you believe you did not violate any laws, it is important to enforce your legal rights. Legal guidance can help protect your rights and interests.

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