Why Should You Plead the Fifth Even if You Are Innocent?

If you are facing criminal charges, it is crucial to understand and exercise your rights during legal proceedings. Individuals accused of crimes have certain protections under the U.S. Constitution. These include the right to remain silent as guaranteed by the Fifth Amendment.

Understanding the Fifth Amendment

Why Should You Plead the Fifth Even if You Are Innocent?The Fifth Amendment to the Constitution contains provisions relating to criminal law. It guarantees the right to a grand jury, prohibits double jeopardy (being prosecuted twice for the same crime), and protects against self-incrimination. The Fifth Amendment states, “No person shall [. . .] be compelled in any criminal case to be a witness against himself . . .”

An individual on trial for a crime has a constitutional right to testify at their own trial. This right can only be waived by the defendant, not by a defense attorney. The Colorado Constitution has similar provisions that also protect defendants against self-incrimination. Pleading the Fifth is exercising the constitutional right of the accused to remain silent.

Presumption of Innocence and Burden of Proof

In criminal cases, there is a presumption of innocence until proven guilty. This means the burden of proof is always on the prosecution to prove that the defendant is guilty of the crime charged beyond a reasonable doubt. This burden never shifts to the defendant.

It is always up to the government to prove every element of the crime beyond a reasonable doubt by the evidence and reasonable inferences that can be drawn from that evidence. If it fails to do so, the defendant has a right to rely on the prosecution’s failure.

Potential Risks of Speaking Without Legal Counsel

The right to remain silent may be the most important civil right asserted in criminal cases. It provides a shield that allows the accused to say nothing that might incriminate or link them to a crime. Anything you say to the police can be used against you in a court of law. Experienced police officers use techniques that may entice people to make incriminating statements. Having your attorney present can help shield you from making statements that could hurt your case.

Preserving Your Defense Strategy

Your Colorado Springs criminal defense attorney can devise a defense strategy based on the circumstances and flaws in the prosecution’s case. Remaining silent minimizes the risk of providing harmful or misleading information that could be used against you. It safeguards you against coercive or manipulative tactics that may be used during a police interrogation and empowers you to seek legal counsel and maintain control over the situation.

Statements you make to the police could hurt certain arguments your lawyer could otherwise assert in your defense. It is best to invoke your right to remain silent until you have an opportunity to consult with your lawyer.

In a criminal trial, you have a right to plead the Fifth, in which case you will not be required to take the stand. Jurors are admonished not to consider the decision not to testify in their deliberations. Although the choice of whether to plead the Fifth is yours and yours alone, your attorney can counsel you on how that decision may affect your defense strategy.

Experienced Colorado Springs Legal Counsel You Can Trust

For over 25 years, The Bussey Law Firm, P.C. has been dedicated to defending the rights of clients across Colorado. Our elite Colorado Springs team includes investigators, case managers, and support to develop the strongest possible defense. We are committed to providing the responsive and knowledgeable legal assistance you need during this difficult time.

If police are questioning you regarding a crime, you are within your rights to take legal action. We will do everything in our power to help you get the justice you deserve and protect your rights every step of the way. Call us at (719) 475-2555 to schedule a free initial consultation.