Many citizens are unaware of the impact their words may have during all the processes of the criminal justice system. There’s a good reason why police officers read people their Miranda rights during an arrest. The right to remain silent is one of the most important rights we have.
Knowing what the Fifth Amendment is, and how it is used, can make a big difference in the outcome of a trial.
What is the Fifth Amendment?
The Fifth Amendment of the Constitution says that, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
When is the 5th Amendment Used?
The Fifth Amendment is commonly used in courtrooms when defendants choose to remain silent. This what happens when you see a person “plead the fifth” in lieu of giving a testimony.
The Supreme Court determined in the case Miranda v. Arizona that the Fifth Amendment also pertains to situations outside of the courtroom. This means that anyone taken into custody by the authorities has the right to remain silent due to the fact that they might incriminate themselves through their own statements.
How Should You Use the 5th Amendment?
It is vital that all citizens be familiar with the rights given to them by the Fifth Amendment. Authorities are well trained in soliciting confessions from the people they suspect of a crime and, while they often read citizens their rights during an arrest, they are not prohibited from asking you questions.
The statements you give to police will have a major impact on your case and it is in any person’s best interest to request an attorney immediately following an arrest. A criminal defense attorney is not only familiar with the law, but they are also familiar with tactics used by law enforcement to solicit statements that might incriminate the person accused of a crime.
If you are taken into police custody but are not under arrest, you do not have to speak to authorities and are generally free to leave when you choose. If you are arrested, you will usually be read your legal rights, but you still don’t have to say anything.
Remember that you don’t have to speak to authorities and that it can, in fact, have a huge impact on your case. Don’t be afraid to remain silent and ask for your attorney. No matter what the circumstance, the words you use can very well be used to incriminate you. Again, there’s a good reason police are required to read people their rights before questioning designed to gather evidence, so take advantage of the rights you have as a citizen.
If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today.