How Do My 5th Amendment Rights Apply to an Arrest?

If you are arrested for a criminal offense or placed in a situation known as a custodial interrogation (a situation where a person is detained by police and is not free to leave), you have specific rights under the Fifth Amendment of the US Constitution. The Fifth Amendment rights that apply in an arrest or custodial interrogation are known more colloquially as your Miranda rights that come from the US Supreme Court case Miranda v. Arizona (1966), but we can explain these rights in more detail so that you can understand how and when they are applicable. And if you were arrested or placed in a custodial interrogation and your rights were violated, it is critical to seek legal help from a criminal defense attorney in Denver as soon as possible.

Understanding Your Miranda “Rights” or “Warning”

The Miranda warning or Miranda rights, the language is interchangeable, is a reference to information that you must be given upon arrest or when placed in a custodial interrogation. This is the Miranda warning, which you have likely heard on television or in a movie before, even if your own rights have been violated:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”

The warning draws on case law from the Fifth Amendment, as well as the Sixth and Fourteenth Amendments.

Fifth Amendment Rights in the Miranda Warning

The Fifth Amendment guarantees, among other things, your right against self-incrimination. As such, your right to remain silent is due to the Fifth Amendment, and you should exercise this right before you ever speak to the police without a lawyer.

Additional Constitutional Rights in the Miranda Warning

In addition to the above, the Miranda warning also requires that a person arrested or in a custodial interrogation knows that they have a right to a lawyer, and that a lawyer will be provided for them if they cannot afford one (i.e., if they are “indigent”). This right comes from the US Supreme Court case Gideon v. Wainwright (1963), in which the Court determined that, under both the Sixth and Fourteenth Amendments, anyone who has been accused of a crime has a right to a lawyer even if they are indigent and cannot afford to pay for one.

Arrest Versus Custodial Interrogation 

If you are arrested (i.e., placed in handcuffs and told you are under arrest), your Fifth Amendment rights and the rest of the Miranda warning applies. Yet you should also know that your rights also apply if you are not arrested but are placed in a custodial interrogation. In short, if the police detain you and a reasonable person would not believe that they were allowed to leave, or if you are told you cannot leave, then you are in custody and the same rights apply if the police attempt to interrogate you.

Contact a Denver Criminal Defense Attorney for Assistance with Your Case 

If any of your constitutional rights were violated in a felony arrest or custodial interrogation, you should seek legal help from an experienced Denver criminal defense lawyer at DeChant Law today. Contact us for assistance with your defense.

Sources:

uscourts.gov/sites/default/files/mirandawarningfinal.pdf

constitution.congress.gov/constitution/amendment-5/