Chris Hammons | February 26, 2025 | Personal Injury
The Fifth Amendment of the United States Constitution says that a person cannot “be compelled in any criminal case to be a witness against himself.” This fundamental legal right means that a person accused of a crime cannot be forced to testify if they are worried their words can be used to incriminate themselves.
In other words, a defendant can “plead the Fifth” and stay silent during their case. Using Fifth Amendment protections, the defendant can let their lawyer handle the case and avoid cross-examination from prosecutors. Pleading the Fifth is one legal term that many people see on TV and understand.
You might wonder, then: Can I plead the Fifth in a civil case? In some situations, you can. However, the Fifth Amendment does not offer as broad protections in civil cases as it does in criminal cases. Generally, you can only refuse to answer questions in a civil case if you might be exposed to criminal liability as a result. It is important to remember your legal protections if you are involved in any kind of lawsuit.
What is the Fifth Amendment For?
The Fifth Amendment, as it was originally created, existed to protect citizens from interrogations from government officials. The Bill of Rights was created partly in response to centuries of forced interrogations and sham trials conducted by governmental rulers. To the Founders, freedom from oppression by the Crown meant giving citizens the right not to speak and be coerced into false confessions.
The Fifth Amendment was not designed to cover all situations and originally only applied to criminal cases. Over time, however, U.S. law started applying Fifth Amendment ideals to civil cases. The U.S. Supreme Court held in Hoffman v. United States (1951) that a civil defendant cannot be required to answer questions that would provide evidence in a criminal prosecution. In that case, the individual refused to answer questions about his occupation that could have linked him to a criminal racketeering operation.
The privilege against self-incrimination applies, then, to civil cases where certain answers could help the government prosecute the individual for a crime. Whether a civil litigant can “plead the Fifth” depends on the case and the questions involved. The Fifth Amendment does not allow civil parties to avoid questions altogether. Importantly, Fifth Amendment protections apply to government action or potential government action. They do not apply to interrogations by employers, insurance adjusters, and others who might question you.
When Can the Fifth Amendment be Used in Civil Litigation?
In courtroom TV dramas, you see people “plead the Fifth” and simply refuse to answer any questions. That is possible in a criminal case but not in a civil case. Refusing to answer questions in a civil case can lead a judge to find you in contempt of court – unless certain circumstances apply.
Civil litigants can refuse to provide information if doing so could lead the government to file criminal charges – or help the prosecution in a pending case. So, with the assistance of a lawyer, a person can choose which particular questions they don’t want to answer or what information they don’t want to provide. An experienced lawyer will be able to analyze the information and determine whether the information should be withheld or not.
This is one reason it always helps to have a knowledgeable attorney at your side in a civil case. Without the right legal advice, you can accidentally give information that exposes you to criminal prosecution. Or, you could refuse to provide information when you don’t have a legal basis to do so – exposing you to a contempt of court order from the judge in your case.
It is a fine line to walk, and the person refusing to answer a question has the burden of proof to show why they are allowed to withhold an answer. In a personal injury case, making certain admissions could potentially lead to criminal charges. You can “plead the Fifth” if sharing certain information could lead to criminal responsibility.
Contact Our Personal Injury Lawyers at Laird Hammons Laird Trial Lawyers for a Free Consultation
If you were injured in an accident in Oklahoma City, Oklahoma, you have a legal right to pursue compensation for your injuries. You also have a legal right to remain silent if answering a question could lead to criminal prosecution. A person can plead the Fifth in a civil case, but only in certain situations.
For more information, please contact an experienced Oklahoma City personal injury lawyer at Laird Hammons Laird Personal Injury Lawyers to schedule a free initial consultation today. Our law office is located in Oklahoma City.
We proudly serve Oklahoma County, OK and its surrounding areas:
Laird Hammons Laird Personal Injury Lawyers – OKC
1332 SW 89th St,
Oklahoma City, OK 73159
(405) 497-0480
