Is taking the fifth amendment a bad idea?

Taking the Fifth or claiming your rights under the Fifth Amendment is often a great idea, it’s often the smartest thing you can do, but there’s no way you can make that decision without the advice and counsel of an experienced criminal defense attorney. Taking the Fifth, how you take it, when it’s taken, where it’s taken, is absolutely a critical stage whenever it is taken or said. It’s got to be done properly, it’s got to be done for the right questions, sometimes for every question. And if it’s done right, it cannot and should not be held against you. Before you can decide whether you wish to take the Fifth or read your rights under the Fifth Amendment whether it’s in a civil context or a criminal context, for example in divorce proceedings very often, one spouse will accuse the other of using drugs and questions will be asked. You can take the Fifth Amendment in virtually any proceeding, so it’s essential that you have representation by an experienced criminal defense attorney who can advise you and/or advise your civil attorney as to the ramifications and the proper way to take the Fifth Amendment or to claim your rights under the Fifth Amendment.

By Jeffrey S. Weiner, P.A.