Getting Sound Advice

Getting Sound Advice

Reasons to Use Your Fifth Amendment Right When Facing Criminal Charges

Hailey Ruiz

Are you facing a criminal charge right now? If so, you probably got arrested for it and are now figuring out how to proceed. One of the first things you should do is hire a criminal defense attorney for help. The lawyer you hire will give you advice and help you work through your charges. One thing the lawyer may suggest is using your Fifth Amendment right. Here is an explanation of what this is and the reasons you should use it.

The Fifth Amendment

The Fifth Amendment of the Constitution provides several vital rights to people that are facing criminal charges. One of these is the right to avoid self-incrimination. Self-incrimination is when a person answers questions or talks about a crime in a way that makes him or her admit guilt. When the court charges you with a crime, you do not have to say anything. Staying silent is your right, and the police should remind you of this when you get arrested. They will tell you that you can remain silent. They tell you this because they are required by law to say this to you.

Reasons to Use This Right

Understanding that you have this right is crucial in a criminal case, but learning the reasons why you should use it is also vital. Your lawyer can help you understand this in more detail, but here are several reasons you should use this right.

  1. To avoid admitting guilt — If the police ask you if you committed a crime, you might decide to be honest and admit the truth. The police can use your testimony to prosecute you in court.
  2. You lose the chances of fighting the case — If you admit guilt to the police, it may be difficult for you to fight your charges. Therefore, speaking to the police or in court may void your ability to fight your case.
  3. You may look bad or questionable — You can use this right when you go to court, too. If you want to use it, you should not testify in your own case. Testifying in your own case often creates problems because the prosecution may ask you questions that make you look bad.

Your lawyer may provide you with further reasons to use this right. You have the right not to speak, and you should understand what this means and when to use it. For more information, talk to a criminal law firm, such as Cohen Law Offices, LLC.


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About Me
Getting Sound Advice

When I was younger, I had a hard time following the rules. I got in with a bad group of friends, and I found myself in juvenile detention more than a few times. When I was sixteen, a teacher sat me down and explained where my life was leading. That teacher was the first person that believed in me, and I decided not to let him down. That day, I decided to change my life, and I did. Because of his sound advice, I was able to finish high school, get into a great college, and become a criminal attorney. I understand the uphill battle that troubled youth face, and I want to use this website to teach other people what they need to do to turn things around.