Arrested? Keep Quiet and Contact an Attorney ASAP
Sep 28, 2016
Under the Fifth Amendment to the United States Constitution, all people in the United States have a right against self-incrimination. Incrimination includes any speech or behavior that exposes a person to the risk of criminal prosecution. This means that if you are questioned about a crime, you have a constitutional right to remain silent when police ask you questions. Any experienced criminal defense attorney will agree that it is imperative for anyone arrested for a crime to exercise this right. This is probably the number one criminal defense tip that everyone should be aware of.
The Right to Remain Silent Under the Fifth Amendment is Absolute
Many people associate 'pleading the fifth' with courtroom dramas such as Law and Order. But, the Fifth Amendment isn't something that just applies to courtroom testimony. The Fifth Amendment prohibits police from forcing people to give up evidence against themselves at any time. If police have someone in custody, they are required to read a suspect the Miranda Rights, which includes a notification that the suspect has the right to remain silent. But, regardless of whether a person is in custody or not, they always retain their right to remain silent under the Fifth Amendment.
Don't 'Work With' the Police Unless You've Talked to an Attorney About it First
Police will often attempt to portray themselves as working with a suspect. Police will say they can 'go easy on them' if they cooperate. Anyone being questioned about a crime should ignore this type of pressure to cooperate until they have spoken to an attorney.
When Arrested, Contact an Experienced Criminal Defense Attorney Immediately
Criminal charges can bring enormous consequences. It is therefore imperative that anyone arrested for a crime has a qualified criminal defense attorney on their side. If you would like more information about this issue or would like to discuss your or a loved one's case, please contact us today.
Tags: Fresno Criminal Defense Attorney, Fresno Criminal Defense Lawyers, Criminal Defense in Fresno, Fifth Amendment, criminal prosecution
Category: Criminal Defense
Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.