Self-incrimination Laws
The Fifth Amendment to the United States Constitution protects individuals against answering any question or makes any statement that might help state the person committed a crime or may have involved or connected to criminal activity. Many individuals when wanting to have this protection state, “I plead the fifth.”
If you are involved in a trial, the Fifth Amendment is your protect and your right not to testify in the case. This means that no one can force you to testify. Along with this statement, the jury cannot use your statement against you and make the decision that you are guilty of any crime.
The way in which you use the Fifth Amendment is that you can choose to answer the questions you want and then use the Fifth Amendment not to answer other questions. If you plead the fifth, then you cannot answer any questions. If you begin to answer questions then you have waived your right to use the Fifth Amendment.
The Fifth Amendment only provides you with the right not to testify and "be a witness against himself or herself". You do not have the right to deny being fingerprinted; provide a blood test, or DNA sample.
Any person that may be implicated in a crime can plead the Fifth Amendment including witnesses. A witness can be forced to take the stand; however, they then have the right to plead the fifth and not answer specific questions that may implicate them in a crime.
For any individual that may have to testify in a trial but does not with to answer certain questions, should contact a
criminal defense attorney to learn their rights. Even if you are going to be witness, an attorney will help you learn your rights so you will not self incriminate yourself during the trial.