Pleading the Fifth – How to Justice

Can A Prosecutor Use Your Silence Against You?

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A prosecutor usually can’t use your silence against you. But if you testify at trial, things change, and prosecutors can use it.

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During a search by law enforcement, you do not have to tell the police much. At most, you will have to identify yourself.

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Your Fifth Amendment rights include the right to remain silent, even during a search prior to an arrest and prior to a trial.

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Several Fifth Amendment rights apply during trial, including the right to remain silent and the double-jeopardy protections.