The Fifth Amendment 

August 31th, 2021

No person 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…


The Constitution of the United States Fifth Amendment states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury… 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…” 


The Fifth Amendment ensures the protection of all individuals to remain silent if they are arrested. The Miranda v. Arizona Supreme Court case in 1966 ruled in favor that every detained individual must be informed of their rights. These rights are known as Miranda Warning and include:


  • the right to remain silent
  • the right to a private attorney or court-appointed attorney if one cannot be afforded
  • anything said can be used against them


Understanding Your Fifth Amendment Rights  

If you are facing an arrest, Miranda Warning will be read to you. Since 1966, law enforcement officers have been required to give Miranda Warning to suspects with respect and honor towards the United States Constitution. For these warnings to be read, suspects must be taken into custody or interrogated. Those arrested should take advantage of their rights and wait to speak until an attorney is present. If you are arrested under suspicion of a crime but are innocent, practice your rights and restrain from saying anything that would support your innocence. Even if you are not guilty, law enforcement interrogators know how to twist statements in hopes of defending their theory.


Fifth Amendment Protection 

Law enforcement officials can call you and ask you to come into the station for questioning. In these cases, Mirandas Warning does not have to be read aloud. However, even when these warnings are not required, your Fifth Amendment constitutional rights apply. If you are asked to provide a statement to law enforcement, ensure to have an attorney present. Law enforcement officers are highly trained interrogators with multiple tactics to get a potential suspect to speak.   


The Power of an Attorney

When it comes to dealing with the law, do not face the challenges of the system alone. If you are arrested under suspicion of a crime, practice your rights and not say anything until an attorney is present. Law enforcement officers are not always easy to work with, especially highly trained interrogators. Interrogators might pressure you into speaking or giving a statement before an attorney being present. But under the Fifth Amendment, you have a right to remain silent. Even if you are tempted to express your innocence, practice your amendment rights. You will get a chance to tell your side of the story directly to the court without having it twisted around by an officer.  


If you have been contacted by law enforcement to provide a statement, or if you know of someone that has been wrongfully arrested, contact a criminal defense lawyer today. At the Law Office of Larrion L. Hillman, we have over 20 years of experience and knowledge of the law enforcement policies to help guide and fight for you. Contact the Law Office of Larrion L. Hillman today at 318-549-9180. 

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