Atlanta Criminal Lawyers Explain the Meaning of “Taking the Fifth”

We’ve all heard the phrase “taking the Fifth.” A defendant in a criminal defense TV drama takes the Fifth in answer to a question as his Atlanta criminal lawyer glances from the stand. A friend jokes that she’s going to take the Fifth about what she was doing last night because her partner would be upset. But what does “taking the Fifth” mean? Under the Fifth Amendment to the United States Constitution, no person is required to provide information that would incriminate himself. However, the right not to self-incriminate is older than our Constitution; it came to America from England and was used by the thirteen colonies. Originally, the law only applied in federal courts, but the Fourteenth Amendment extended it to the states, and the Supreme Court has ruled that it applies to any proceeding, formal or informal, criminal or civil. Taking the Fifth should not imply guilt. In fact, the Fifth Amendment protects innocent people who may be the victims of circumstance. For instance, if the murder weapon is your gun, but you did not commit the Atlanta homicide, you may take the Fifth about the identity of the gun. In addition, as the protection against self-incrimination applies to potential future criminal charges, if your testimony would require admitting that you were selling drugs, you may plead the Fifth. Many Atlanta criminal lawyers advise clients to take the Fifth. Prosecutors are forbidden from using a defendant’s election to plead the Fifth as evidence of guilt. There are two important things to understand about the Fifth Amendment. First, before you say anything to the police, consult an Atlanta criminal lawyer to ensure that your rights are fully protected. Second, there ought to be no stigma attached to taking the Fifth. Our justice system is designed to protect the innocent rather than convict the guilty and the Fifth Amendment is a tool to protect your rights.