If I committed a crime and I was NOT caught at the scene, but later on arrested. Could I take the 5th and walk away free? Like people do in front of Congress.

No, it doesn't work like that. This is real life, not the movies. By taking the 5th, you are making yourself appear guilty since you are not defending yourself.

A while back the head of the IRS, didn't she take 5th and is free? Is she guilty or not?

It's pretty safe to assume you aren't in such a high profile position.

Is she guilty? I don't know, I wasn't on the jury n

Going free is up to the DA, and testifing in front of congress is not being changed with a crime. Congress has no authoity to charge you or arrest you. Lying to congress is a crime,

You can refuse to answer at anytime, unless it is in front of grand jury and they give you immunity.

But if there is enough evidence against you, they do not even need you to answer.
A family court, is also not criminal. What you say there, can be used by DA, if they want it.

Often the suspect never admits guilt, (they lie to police which is a crime but normally never addressed) many lie in court but other evidence proves them guilty.

So not making a statement will not set you free, and that is not what is happening in front of congress.

If I committed a crime and I was NOT caught at the scene, but later on arrested. Could I take the 5th and walk away free? Like people do in front of Congress.


Refusing to answer questions because your answers might tend to incriminate you will not necessarily enable you to "walk away free". The prosecution might be able to still convict you on the basis of other evidence.

"Taking the fifth" refers to the fifth amendment of the Constitution which gives individuals the right to refuse to answer questions they believe will incriminate them. Usually it is witnesses in a court trial who take the fifth. Defendants either don't take the stand or lie if they do.

In a court trial the prosecutor presents evidence to prove guilt. Rarely does the prosecutor rely on the defendant's testimony to prove their case. I'm not sure what case you are referring to with the head of the IRS, but if she went free it was because the prosecutor was unable to prove their case, not because she took the fifth.

If I committed a crime and I was NOT caught at the scene, but later on arrested. Could I take the 5th and walk away free? Like people do in front of Congress.

So you committed the crime? You admit that here?

No, just pleading the 5th doesn't mean you'll walk away free. If they arrested you it's because they have evidence against you. That evidence will speak a lot louder than you ever could.

If they have enough evidence to convict you, they will, and you'll pay the price, be it a fine, jail, or whatever is warranted for the crime you committed.

If it were as simple as pleading the fifth and walking away free, every criminal would do that. They don't need you to admit, or deny, or say anything, in order to convict you.

You can't compare yourself to anyone testifying before a Congressional committee because Congress isn't a court and can't arrest anyone at a hearing.
Martin Shkreli (http://www.cbc.ca/news/business/martin-shkreli-drug-prices-1.3433440), for instance, had been arrested and charged by the FBI several months before he took the 5th in front of a committee.