The fifth amendment rights institute various rights relevant to civil legal and criminal proceedings. The rights are a form of privilege to the US constitution. They provide an individual with the right to remain silent– refusing to answer a question or make any statement regarding the case.
What is the fifth Amendment– What are your rights under the amendment?
The fifth amendment guarantees an individual that the government shall not compel them to implicate themselves. When in police custody or during an arrest, the police should read out the Miranda warnings.
Miranda warnings are the notification given by an officer to a criminal suspect. It informs the suspect of their right to remain silent– refusing to provide implicating information to law enforcement. In this case, it will be wise to contact a criminal attorney San Antonio Texas who will guide you on the way forward.
When Can You Claim Your Right?
Upon your arrest or during an interrogation, you can claim your right, and all questioning will cease. On 17 June 2013, in Salinas v Texas, the court ruled that before an arrest, an individual should invoke their right to remain silent as the court can use selective silence against them.
What is the Role of an Attorney?
A professional criminal lawyer San Antonio Texas will defend you and ensure your wrongful arrest does not get you wrongful imprisonment. Get yourself or a loved one, a criminal defense attorney San Antonio Texas, to discuss your case.
Your attorney is the only person you should talk to. Visit our Law Office of Reynaldo P. Morin PLLC or call us on (936) 559-7100 for a free consultation.