What Are My 5th Amendment Rights?
If you are stopped by police, arrested and subsequently subjected to an interrogation, and ultimately charged with a criminal offense, it is critical to understand your rights under the Fifth Amendment of the US Constitution. The Fifth Amendment provides important protections that apply in arrest and interrogation circumstances, as well as in a criminal case against you after charges have been filed. Ultimately, whether or not you understand and decide to exercise your Fifth Amendment rights can mean the difference between avoiding a conviction and being convicted of a criminal offense.
Our Denver and Brighton criminal defense attorneys can tell you more about your Fifth Amendment rights, and we can speak with you today about beginning to build a defense for any criminal case around which you have been arrested or have been charged.
Text of the Fifth Amendment
The text of the Fifth Amendment can be confusing upon reading it. The rights it actually provides in practical circumstances may not be immediately clear. So you have a sense of the language of the text, we want to provide you with the exact text of this amendment before explaining its applications:
“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 offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, or be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
In practical terms, what rights are contained within this amendment?
Your Rights Under the Fifth Amendment
There are a number of very important rights that may apply to you under the Fifth Amendment. First, the Fifth Amendment protects you from self-incrimination, which means this amendment provides you with the following guarantees:
- You have the right to remain silent if you are arrested or placed into any type of custodial interrogation (and you must be informed of this right upon arrest under the US Supreme Court case Miranda v. Arizona, and the requirement that you be informed of this right by an arresting law enforcement officer is part of the Miranda warning that you must be given);
- You have the right to invoke your right against self-incrimination in a jury trial or related hearing in connection with charges against you.
You should always exercise your right to remain silent and to ask for a lawyer in the event of any arrest or custodial situation.
The Fifth Amendment also guarantees your right to a grand jury when you are facing certain charges, and it provides you with the protection against double jeopardy. What the latter means is that once you are acquitted of a crime, double jeopardy attaches and you cannot be charged for that offense again.
In addition, the Fifth Amendment provides an important right to due process. This is a complex right, and it can apply in various circumstances. And finally, the Fifth Amendment has civil protections as well, including the right to compensation in the event of a “taking.”
Contact a Denver Criminal Defense Attorney Today for Assistance
If your Fifth Amendment rights may have been violated when you were arrested or subject to interrogation, you should seek legal advice from an experienced Denver criminal defense lawyer at DeChant Law today. Contact us for help with your case.
Source:
constitution.congress.gov/constitution/amendment-5/
