The Fifth Amendment limits the manner in which police may question a suspect being held in custody. All questioning shall cease if such person being questioned in custody demands to speak with a lawyer. No information may be used against a person if it was obtained as a result of such questioning after a request to speak to a lawyer has been made to the police.
Defendant At Trial
No one can be questioned at his or her trial if there is a chance of self incrimination. A defendant does not need to take the witness stand in a criminal trial. The fact that a defendant does not testify is not to be taken as an admission of guilt. This is true in both federal and state court trials.
Witness Under Oath
Because of the Fifth Amendment protections against possible criminal self-incrimination, a witness under oath may invoke the right to remain silent when questioned about a matter that may be self-incriminating. This is true whether the proceeding in which the witness is questioned is a criminal or civil matter.