Guilty men never take the 5th, they do ask for an attorney to be present.
This is getting too sloppy. "Guilty" has only one meaning: found guilty by a judge or a jury or by guilty plea. I am talking about the first and hopefully only - if one has the brains - "conversation" with the cops.
Optionally, it is smart to remove yourself from the suspect or "persons of interest" list as soon as possible or STFU. Pleading the 5th "not to incriminate myself" is legally permissible and also utterly stupid when talking to the cops or the FBI agents.
Since jurors, just like voters, are morons, they will conclude that only the "guilty" plead the 5th. One does not need to know the US Constitution to say "fu*ck off" to the cops - a low-class equivalent of "Under the advice of my attorney, I plead my 5th Amendment rights not to incriminate myself". This may be impressive to the judge but is the stupidest thing to say to the cops when they look at the guy as a suspect. "Get lost. I am leaving" is better. Bottom line: always assume that you are on camera and that the scene with be shown later to the jury. Act accordingly.
Showing too much knowledge of the law - the kind that only habitual criminals get - is really dumb. "Guys, I am done and I am leaving" is better than reciting fine points of the Constitution.
When four squad cars surrounded me because some stupid Karen called them on me, my first question was: "Did I break any laws?" No. "Am I under arrest?" No. "Am I free to go?", Not yet.
In five minutes, after a brief detention, I was.
Later, I met one of the cops and he told me that I did everything by the book.