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Jeffrey S. Weiner, P.A. Jeffrey S. Weiner, P.A.
Available 24/7 305-985-6640

Is Taking “the Fifth” (Amendment) a Bad Idea?

5th Amendment

Every experienced criminal defense attorney will advise anyone who is being investigated for a crime not to talk with the investigating agents or the police. It is rare, if ever, when talking with law enforcement benefits the person who is the “subject” or “target” of the federal prosecutors or the police. If you are a “subject” or “target”, it is very likely that you will be arrested and charged – maybe not the day when you are approached by Federal agents or the police – but sooner rather than later.

Some people think that declining to talk with the agents or the police will make the agents or police “think you are guilty of something”. The reality that the agents or police will respect you for not talking with them. (Agents and police are taught not to talk when they are being investigated or accused of committing a crime.) So, even if they seem “nice”, and even if they assure you that you have nothing to worry about by talking with them, our advice is: DON’T.

So, be polite and simply decline to talk with agents or police. Tell them you want to cooperate with them, but that you want an attorney first. And, retain competent, caring criminal defense attorneys to represent you.

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