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blog home Criminal Defense What Does Plead the Fifth Mean and When Should You Use It?

By stladmin on June 11, 2020

Cop dramas and crime shows have made most people aware of the term I plead the fifth, but few actually know what the phrase refers to. It comes from the Fifth Amendment of the Constitution, which outlines several laws regarding due process and how an individual should be charged with a crime. When someone declares they are pleading the fifth, they are specifically referring to how the Constitution states that no individual shall be compelled in any criminal case to be a witness against himself.

For many, pleading the fifth is shorthand for refusing to answer a question, however it is significantly more complex than that. Pleading the fifth only applies to specific scenarios and has its own benefits and costs to defendants.

I plead the fifth often follows a question that could lead to an individual incriminating themselves in a crime. Based on the fifth amendment, this is referred to as the right against self-incrimination and protects you from accidently confessing to a crime. However, while it is a constitutional right, that does not mean it is universal.

The language of the fifth amendment is very specific and only allows an individual to refuse to testify against themselves during a criminal trial and when they are on the witness stand. While its concept may overlap with your Miranda Right to remain silent when in police custody, it does not apply to police investigations and interrogations. In addition, like Miranda Rights, it is not automatic. You must expressly state that you are pleading the fifth for the court to uphold your right.

Often, only two groups can plead the fifth:

Pleading the fifth may also apply to personal injury claims where a defendant is refusing to testify in a civil court, however this can be seen as an admission of guilt to a jury.

The founding fathers designed the fifth amendment as a legal protection against self-incrimination for defendants and witnesses. While it is an important component of our legal system, it is not always your best option. To some, pleading the fifth may be seen as a subtle admission of guilt or make a defendant seem shifty in the eyes of the jury. However, in Griffin v. California and Ohio v. Reiner, the Supreme Court determined that a jury may not infer guilt if a defendant refuses to testify. Instead, they must only base their judgments on the evidence and testimony provided, not the lack of a testimony.

Because of this, you may be tempted to plead the fifth during your trial, but you should only do this with the express legal advice of your attorney. Pleading the fifth is an all or nothing right, meaning you cannot choose to take the stand and then plead the fifth. Essentially, once you are on the stand, you are legally compelled to answer all questions asked of you by your attorney and the prosecution.

If you plead the fifth, that means you are refusing to testify in court for the entirety of your trial. Thus, you are missing out on the opportunity to defend yourself and state your side of the story. Depending on the circumstances of your case, this may be your best option. Your attorney may be able to use other witness testimonies, expert opinions, and evidence to get your charges reduced or case dismissed.

Ultimately, you should discuss your case with a knowledgeable attorney before pleading the fifth. The U.S. Constitution outlines many rights you have during a criminal trial and investigation, including the right to counsel, which is just as invaluable as pleading the fifth. If you or a loved one were arrested in Campbell County, contact a Gillette criminal defense attorney immediately. The legal team at Steven Titus & Associates, P.C. can review your case and, if we take you on as a client, aggressively defend your right to a fair trial. Call us at (307) 257-7800 to learn what options are available to you in a criminal trial in the state of Wyoming.

Read more:
When Should You Plead the Fifth? | Blogs by Steven Titus ...

A jury has been assembled to hear the case of a 25-year-old Springfield man accused of an armed home invasion in Adams.

PITTSFIELD A jury has been seated to hear the case of a Springfield man accused in an armed home invasion.

And the key witness in the case has signaled that he intends to invoke his Fifth Amendment right against self-incrimination.

Opening arguments are expected to begin Tuesday in the trial of 25-year-old Jordan Hawkins-Darden in the October 2018 incident.

In court Monday, Assistant District Attorney Andrew Giarolo indicated that the prosecution will seek to provide immunity to Jacob Blanchard in exchange for his testimony against Hawkins-Darden.

Giarolo said Blanchard is credible and the only person who can identify Hawkins-Darden. Defense attorney Joshua Hochberg has objected to prosecutors request to allow Blanchard to identify his client to the jury.

Without Mr. Blanchards testimony, were unable to go forward, Giarolo said. Judge John Agostini must yet rule on the prosecutions immunity request.

Several dozen prospective jurors filtered into the courtroom at Berkshire Superior Court around 11:30 a.m. Monday, and a few hours later a jury of 14 people, including two alternates, was seated.

Agostini summed up the allegations against Hawkins-Darden to the jury pool. He said that on Oct. 18, 2018, Hawkins-Darden allegedly entered an Adams home with three other people, two of whom pointed what appeared to be handguns at two occupants.

The suspects then stole several jars of marijuana, a cellphone and a wallet from the home, he said.

One of the victims identified Blanchard as having been involved in the home invasion, according to court documents, but Blanchard never was charged in that case.

Blanchard is also a key prosecution witness in the October Mountain State Forest shooting case that left victim Nick Carnevale critically injured.

Hochberg has asserted that Blanchard was not charged in the home invasion in order to protect his credibility as a witness in the shooting case.

Agostini agreed to delay the shooting trial until March, after defense attorneys for two of four defendants in that case raised concerns about Blanchards credibility, citing Hochbergs claim.

He also ordered that prosecutors hand over to the defense in the October Mountain shooting case, no later than Dec. 3, the complete file regarding the home invasion.

Hawkins-Darden has pleaded not guilty to two counts each of home invasion, armed robbery, assault with a dangerous weapon and larceny from a building, as well as a single count of daytime breaking and entering with intent to commit a felony.

A co-defendant, Jacob Galipeo, took a plea deal in May. Giarolo said prosecutors offered to Hawkins-Darden an identical deal, which would have had the state drop the most serious felony offenses and request a sentence of one year in jail, but the defendant opted to go to trial.

More:
Trial set to begin in 2018 home invasion, and the case hangs on a witness seeking immunity - Berkshire Eagle

QUINCYThe jury trial of Jeffrey Knight, a former Cohasset teacher accused of inappropriately touching a student, started Monday in a small second-floor courtroom in Quincy District Court.

Prosecutors say Knight, a science and engineering teacher, touched the student in a sexual manner startingin 2017, when she was 13 years old. Prosecutors are trying Knight on one charge each of indecent assault and battery on a child younger than 14,indecent assault and battery on a child older than 14 and assault and battery.

A grand jury declined to indict Knight on the charges. An indictmentwould have moved his case into Superior Court, where more serious crimes are tried.

The case is one of two currently open against Knight after allegations brought by former students.

Knight, wearinga navy blue blazer and a blue tie, huddled with his wife and son before the court session started on Monday. Jury selection finished by noon, and opening arguments followed. Knight's accuser testified Monday afternoon.

Knight is also expected to testify, as is at least one Cohasset police officer and witnesses to the alleged abuse. The Patriot Ledger does not name alleged victims of sexual assault.

Former Cohasset Middle-High School PrincipalCarolyn Connolly is also scheduledto testify. Assistant Norfolk County District Attorney Sarah Lelle said in court that Connolly's testimony could run into her Fifth Amendment right not to incriminate herself for failing to tell thestate about the student's allegations. The district attorney's office has not charged her in the matter.

The accuser, 14 at the time, first brought the allegations to school administrators in February 2018. Instead of notifying the stateDepartment of Children and Families, as required by law, administrators tried to conducttheir own investigation into the claims.

More: Jeffrey Knight, former Cohasset teacher accused of touching student, goes on trial today

More: Cohasset settles claims with alleged Jeffrey Knight victims for $275,000

Connollywas put on leave in 2018 as the Cohasset School District'sinvestigation played out.

Before jury selection began Monday, several finalmotions were sorted out, and a tense scene played over the inclusion of a potential student witnessfound at the last minute.

Judge Mark Coven denied letting the prosecution call the witness, saying they had three years to find him and that it was too close to trial to introduce him.

"This is a failing of the commonwealth to investigate in a timely manner," Coven said.

The trial is expected to last three orfour days.

The student's family in the casereached a $175,000negotiated settlement with the town through mediation earlier this year.

Knight's alleged behavior, and the school district'shandling of the claims three years ago,caused an uproar with parents at the time. Several school administrators and school committeemembers left in the months after.

The town denied liability in the settlement, but officials said it was in the best interest of all involved to settle.

Knight also faces sexual assault charges related to a different accuser who saysshe was abused in2014 and 2015. She came forward after reading about charges brought againstKnight in the news.

Knight was indicted on those chargesfive counts of indecent assault and battery on a child under 14 in 2019. The case is pending in Norfolk County Superior Court.

Thanks to our subscribers, who help make this coverage possible.If you are not a subscriber, please consider supporting quality local journalism with a Patriot Ledger subscription.

Joe Difazio can be reached at jdifazio@patriotledger.com. Follow him on Twitter @jldifazio.

See the original post here:
Witnesses take the stand in trial of Jeffrey Knight, ex-Cohasset teacher accused of assault - The Patriot Ledger

YOUNGSTOWN, Ohio (WKBN) You could say it was deja vu all over again Tuesday for Carlos Davis.

Wounded in a Nov. 18, 2018 shooting that killed Christopher Jackson, 21, of Warren, Davis was asked to testify in Mahoning County Common Pleas Court in the trial of two of the three men accused of killing Jackson and wounding him.

Instead, Davis invoked his Fifth Amendment against self incrimination, even though the last time he invoked it in the trial of the third defendant, he was held in contempt because Judge Anthony DApolito ruled that Davis had no right to invoke the Fifth because he was not facing any potential criminal liability.

Stephon Hopkins and Lorice Moore, both 25, are both on trial on charges of aggravated murder and attempted murder. Prosecutors said Davis was the driver of a car and Jackson was his passenger when they were shot as the car was in motion on Bennington Avenue.

Opening statements were held and testimony began Tuesday after jurors were selected Monday. A previous defendant, Brian Donlow, 25, was convicted earlier this year in a bench trial before Judge DApolito.

Hopkins was shot nine times, including once in the back of the head. He was found by police in a car that was still running in a field on Bennington Avenue.

Davis, who was shot twice, managed to run away from the car and hid on a nearby front porch until police were called.

In her opening statement, Assistant Prosecutor Jennifer Paris said Jackson was friends with Hopkins and asked Davis to pick Hopkins up in Youngstown for an evening out. Hopkins and Jackson communicated via Facebook messenger to set up the evening out, Paris said.

Instead, Hopkins, Moore and Donlow got in the car. Paris said all three men had guns and police recovered shell casings from inside the car from three different weapons.

Harris said the fact there were three men in the car with guns and three guns were used shows that they planned to kill Jackson and Davis.

How do we know there was a plan? There were messages. Stephon Hopkins was trying to lure the victim to Youngstown, Paris said. How else do we know it was planned? There were three guns. Three different calibers.

Moores DNA was also found on a door handle and a key inside the car had Hopkins DNA on it, Paris said.

One of Hopkins attorneys, Corey Grimm, said police had a preconceived notion of who was responsible when they began their investigation, without looking into what happened that night. We dont really know what happened that night.

Grimm said investigators failed to canvass the neighborhood and never recovered the weapons used in the crime. Hopkins also denies ever seeing Jackson that night, Grimm said.

For Moore, defense attorney Nick Cerni said just because his clients DNA was found in the car, it doesnt mean he was in the car when the shooting took place.

The burden is on the state to show that touch DNA was there on or about the time that the crime occurred, Cerni said.

Paris also told jurors Davis would be called as a witness but she conceded, we dont what Carlos Davis will say. You guys are going to find out when we find out.

In the Donlow trial, Davis refused to testify, claiming that he was afraid something would be used against him, even though prosecutors at the time said they only wanted to ask him about what happened the night of the shooting and they had no plans to ask him anything else.

Testifying in jail coveralls, because he is serving a sentence from Trumbull County Common Pleas Court, Davis refused to even give his name for the record when asked by Assistant Prosecutor Mike Yacovone.

I plead the Fifth, Davis said.

Weve been through this before Carlos, right? Yacovone asked.

I plead the Fifth, Davis responded.

Does this mean youre not going to answer any of my questions, Carlos? Yacovone asked.

I plead the Fifth, Davis said.

After a sidebar conference with the lawyers, Davis was excused by Judge DApolito.

Both Donlow and Hopkins are serving sentences of 21 years to life in prison after being convicted of an unrelated murder on the East Side in the summer of 2018.

Read more from the original source:
Witness takes the Fifth for second time in Youngstown murder trial - WKBN.com

Following a two-month, full-court press by attorneys representingGloria Satterfields family, another institution has reached a settlement for its alleged role in the $4.3 million wrongful death settlement scheme led by Alex Murdaugh.

South Carolina attorneys EricBland and Ronald Richter said Thursday that Palmetto State Bank settled with Glorias two sons Tony Satterfield and Brian Harriottfor an undisclosed amount. The action ends the pending lawsuit against Palmetto State Bank and leaves Alex Murdaugh as the only remaining defendant who hasnt agreed to a settlement.

Satterfield, who was the Murdaugh familys housekeeper for more than two decades, died after an alleged trip and fall accident at Alex Murdaughs home in February 2018.

On September 15, Bland and Richter filed a lawsuit on the Satterfield familys behalf against Murdaugh, Fleming and others involved in the 2018 settlement. Other defendants included Flemings law firm (Moss, Kuhn and Fleming),ChadWestendorf(the banker listed as a representative of Satterfields estate), andPalmetto State Bank(the financial institution where Westendorf worked).

Palmetto State Bank is the fifth potentially liable party to have settled or resolved differences with the Satterfield family since Bland and Richter filed their lawsuit. The two attorneys have recovered more than $6.5 million in total for the Satterfield family, Bland told FITSNews.

The boys money will be protected, not squandered, Bland told FITSNews. They realize they got a second chance and now have a sacred trust. It will be placed in a way that they wont be able to be exploited by hangers-on and grifters. In a true kind of way Mallory Beach and Gloria Satterfields lives were not lost in vain. They now serve a purpose and they have exposed the system that needs fixing and people that need to lose their livelihoods and licenses because they broke their own sacred trusts.

In the Satterfield case, Murdaugh and others are accused ofmaking off with millions of dollarsfrom a wrongful death settlement.Murdaughs latest charges stem from an investigation by South Carolina attorneysEric BlandandRonald Richter who uncovered a shocking paper trail showing howAlex Murdaughallegedly stole$3.6 millionfrom Satterfields settlement.

After Satterfield died, Murdaugh recruited his best friendCory Flemingto sue him on behalf of her estate and convinced Glorias sons to sign over their personal representative rights to Westendorf so that Fleming wouldnt be legally obligated to tell the Satterfield family what was going on with the settlement, according to Bland.

Fleming has apologized to the Satterfields and was suspended from practicing law in October. Fleming claimed he was fooled by his friend Murdaugh, but acknowledged that material mistakes were made at crucial times.

Documents filed last month show how Westendorf and Palmetto State Bank allegedly played important roles in the scheme.

As a personal representative of an estate, Westendorf was in charge of managing the money and distributing the checks from the settlement. He was also obligated to fulfill his duties as an officer of the court.

When JudgeCarmen Mullenapproved the $4.3 million settlement in 2019, Westendorf, who still works at Palmetto State Bank, was obligated under court order to distribute $2.8 million to Satterfields sons.

He was supposed to be the backstop if Cory or Alex were doing anything inappropriate, he was supposed to say whoa, whoa whoa Im the one distributing the checks and I need to get (Glorias sons) their $2.8 million and I have to pay $50,000 to probate court, Bland previously said.

Westendorf should have caught the Forge scheme, according to Bland. Murdaugh and Fleming allegedly claimed they were doing a structured settlement for Satterfields sons through a legitimate company called Forge Consulting LLC. Instead, Fleming made checks out to Forge after Murdaugh opened up a Bank of America account under that name.

According to Bland, Westendorf didnt file a single document on the settlement (beyond the initial petition) during his tenure as a personal representative, yet he collected $30,000 for his role. He finally stepped down as personal representative weeks after Bland and Richter filed a lawsuit against him and others for the scheme.

In a joint statement released on Thursday, Palmetto State Bank appeared to deny its role in the scheme, but settled with the Satterfield family anyway.

Although Palmetto State Bank never handled the settlement funds nor was it responsible for the alleged actions of Alex Murdaugh, Palmetto State Bank and its board of directors made the business decision to prioritize ending this matter for the mutual benefit of Ms. Satterfields sons, its customers and shareholders, and the Hampton community at large, the statement said.

Before Bland filed a lawsuit, Satterfields sons hadnt received a dime of the$2.8 millionthey were entitled to receive in the settlement.

Alex Murdaugh is still behind bars after a judge denied him bond for the second time on charges related to the settlement.

To recap, Murdaughwas arrested in Orlando, Florida on October 14 and charged with two felonycountsof obtaining property by false pretenses related to theGloria Satterfieldcase, according to the South Carolina Law Enforcement Division (SLED). .

Now, Murdaugh is the only defendant in the scheme who hasnt paid the Satterfields any money. And hes the only remaining defendant in the lawsuit.

However, Bland told FITSNews that Bank of America is being looked at seriously.

Also interesting?

Murdaugh has to respond to Blands lawsuit soon as a deadline is approaching next week. This means he has three options none of which are good, according to Bland.

He can admit fault in the lawsuit, which is what he did in his brother and law partners lawsuits in a move that essentially prioritizes their ability to recover funds over other victims of his alleged financial crimes. If he admits fault, he would be admitting to crimes.

For his second option in the lawsuit, Alex Murdaugh can deny it which further torpedoes his spiraling reputation considering his shady moves last week, and all of the evidence that has already been stacked against him in this case.

Or he can file a motion and plead the fifth amendment.

Two weeks ago, Bland said the Satterfield family and Peters, Murdaugh, Parker, Eltzroth and Detrick (PMPED) had reconciled their differences in the case and he will not be suing them. Bland refused to answer other questions about PMPEDs involvement, but it could be assumed that some sort of secret settlement was reached between the two parties.

We are very proud of the work that we have done on behalf of our clients who are worthy of our efforts. It takes a team approach and some creativity and intense effort, Bland and Richter said. The media has been very helpful in disseminating key facts and developments. We put overwhelming force on the target parties. It has been a wild ride.

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Mandy Matneyis the news director at FITSNews. Shes an award-winning journalist from Kansas who has worked for newspapers in Missouri, Illinois, and South Carolina before making the switch to FITS. She currently lives on Hilton Head Island where she enjoys beach life. Mandy also hosts the Murdaugh Murders podcast. Want to contact Mandy? Send your story ideas, comments, suggestions and tips to[emailprotected].

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Got something youd like to say in response to one of our stories? Or an issue youd like to address proactively? We have an open microphone policy here at FITSNews! Submit your own letter to the editor (or guest column) via-email HERE. Got a tip for a story? CLICK HERE. Got a technical question or a glitch to report? CLICK HERE.

Here is the original post:
Satterfields Get More Than $6.5 Million After Settling With 5 Parties But Not Alex Murdaugh - FITSNews