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Certainly, all U.S. citizens have that right. BUT, there are more important factors I'd consider: what state this happened in (some states have stricter punishments), whether you already have a record, the degree of "criminal littering" (ie, what exactly you're accused of littering), who witnessed it (a cop?). Just because you plead the 5th, doesn't mean there aren't witnesses (ie, the cop) who can testify to what they saw.

If you can't afford an attorney, look into whether your area has a Legal Aid (most cities do). Or, call your city or state's Bar Association & ask them what sort of attorney you can get to represent you.

In other words, you can plead the 5th, but I wouldn't depend upon that as a way to get out of a guilty verdict.

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Q: Can you plead the fifth if you are aqused of criminal littering?
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