What does it mean if you tell a judge you are “taking the fifth”? you are asking the court provide you with an attorney. you are telling the court it did not commit a crime. you are asking the court to invalidate your arrest. you are telling the court you will not answer a question.

You are telling the court you will not answer a question.

Explanation:

The phrase “tanking the fifth” means that a person invocates his or her 5th Amendment right under the US Constitution. It means that the person has the right to be silent and refuse to give statements that could be used against the speaker in a criminal proceeding. Any person can take the fifth on trials, any proceeding (criminal or civil).

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