When you’re asked questions by the police or even in court, do you have the option to plead the Fifth. This is also referred to as using your “right to remain silent.” You do not have to answer the question that was posed, and it is not illegal to simply state that you have no comment.
But does it make you look guilty? Often, people worry that they are just incriminating themselves by refusing to answer the questions. But this is not what’s happening. Pleading the Fifth is not an admission of guilt and the court will not look at it that way. It does not make it appear that you are guilty.
Being careful about what you say
More often than not, pleading the Fifth is done because someone wants to be very careful about the information they provide. They don’t want to accidentally say something that would incriminate themselves or make them look guilty. After all, anything they say can be used against them in a court of law.
An example of this is if someone gets pulled over by the police and the officer asks them if they’ve had anything to drink. Perhaps that person had one drink five hours ago. They know that they are not under the influence of alcohol. But they may still worry about admitting to the officer that they did have a drink, believing that the officer will use that as justification to claim they were impaired and arrest them. That person would have a right to remain silent, and they would not have to answer these questions from the officer. The officer may not have any other evidence of impairment, so all they’re looking for is an admission of guilt.
The legal process can be complex, and it’s very important to understand your rights – both when dealing with the police and when going through the court system. Take the time to carefully look into all of the legal options that you have at this time.