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Adam R. Banner ATTORNEY AT LAW
 
 

Any time an individual is asked to testify, he or she may “plead the fifth.” This phrase refers to a witness’s refusal to testify on the ground that the testimony might tend to incriminate the witness in a crime. This protection is based on the Fifth Amendment to the Constitution, which provides that "No person....shall be compelled to be a witness against himself," applied to state courts by the 14th Amendment. As such, you can only plead the fifth when you are being asked to testify about something that you personally did or didn’t do.

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