Facing Criminal Charges? Learn Your Rights under the Fifth Amendment

The Fifth Amendment of the United States Constitution enumerates certain guaranteed rights to all citizens. Even those who face criminal charges have rights protected under the Fifth Amendment, including most notably, the right to remain silent when being interrogated by a law enforcement agent or a prosecutor to prevent self-incrimination. If you believe your rights were neglected, seek representation from a Florida defense lawyer. Your search should be handled carefully and wisely.

This constitutional right does not, however, extend to lying. Perjury, or the act of providing false information while on the stand – after having sworn to tell “the truth, the whole truth, and nothing but the truth” – is a serious crime and carries with it severe legal consequences. You are not allowed to lie if asked a question that might incriminate you, but by the same turn, you do not have to answer it.

Arrested for Criminal Acts? Miranda Rights under the Fifth Amendment

The Fifth Amendment also grants the legal provisions that make necessary the Miranda warning, which has been widely popularized by TV shows like Cops and Law and Order. Miranda rights, known as such because of the Supreme Court case Miranda v. Arizona from which the principle is derived, require that police give a specific warning to any criminal suspects held in police custody that clearly enumerates the suspect’s right to remain silent to avoid self-incrimination.

Another prominent feature of the Miranda-enforced criminal rights is that, should you opt not to speak with the police after being arrested, they are legally barred from asking you any further questions.

Lesser-Known Rights Included in the Fifth Amendment

While we are used to thinking of the Fifth Amendment as the means for preventing self-incrimination, it actually features several important legal clauses.

• That no one may be deprived of “life, liberty, or property without due process of law” – essentially enumerates that each person is entitled to a fair trial;

• That private property may not be “taken for public use, without just compensation” – federal and state courts continue to debate the issue of what qualifies as “just compensation”; and

• That no person “shall be subject for the same offense to be twice put in jeopardy of life and limb” – states that a person may not be prosecuted for the same crime after he or she has been acquitted, even if new evidence has been found.

Grand Jury Indictment Exception to the Fifth Amendment

There are, however, some exceptions, as there are in most complex legal matters. The text of the Fifth Amendment’s first sentence reads: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury […]”

If you are brought before a federal grand jury, the exclusionary rule that prohibits evidence obtained in violation of the Fourth, Fifth or Sixth Amendments is not applicable.

Put an End to Your Florida Defense Lawyer Search

When you’re facing criminal charges, your legal team is your best defense. The defense team you choose to represent you in court, defend your criminal rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. If you’ve been looking for a Florida defense lawyer, search no further. Contact the team at Falk & Ross for a no-cost evaluation of your case – 1-877-663-5110.