In which situation does a defendant not waive their Fifth Amendment privilege?

The Fifth Amendment privilege against self-incrimination is a fundamental right that protects individuals from being compelled to testify against themselves in a criminal matter. A defendant does not waive this privilege when they refuse to testify. By choosing not to testify, the defendant is asserting their right to remain silent, which is a critical aspect of the Fifth Amendment protection.

When it comes to the other scenarios, they could result in a waiver of this privilege. For example, if a defendant testifies under immunity, they are effectively giving up their privilege because they are agreeing to testify in exchange for protection against self-incrimination, allowing their testimony to be used in prosecution. Similarly, while being represented by counsel does protect many rights, it does not inherently safeguard the defendant's right to refuse to testify; if they do choose to do so, that could be viewed as a waiver of the privilege. Therefore, the refusal to testify is the situation where a defendant clearly maintains their Fifth Amendment rights without any implication of waiver.