In today’s episode Chuck talks about your fifth amendment rights, and how you can use them to protect yourself.
Hi, there is something I would like to talk about, that, it’s about your constitutional rights.
This is one right: your fifth amendment right to keep your mouth closed, and not have to speak to anybody when you’re the subject of an investigation.
Even when you’re not but you – you’re being questioned by a police officer about something and you don’t feel comfortable.
You have the right to be quiet, to not say anything.
Now, given that, that doesn’t mean to lie, because down the road if you lie, if you said it was red and it turns out to be black and you’re in front of a jury, you’ve already been made out to be a liar.
So, rule of thumb: shut up, keep your mouth closed.
In another part of the fifth amendment, which a lot of people don’t understand is that, let’s assume in a situation where you’re accused of a burglary.
Police officer says “You know, where were you tonight?”
My advise to you if you got me on the phone immediately would be “I don’t want to talk to you” so now you haven’t said anything.
The best part of this is, in front of a jury down the road, if you end up going to trial because you’ve been charged, the police officer or the state, the prosecutor, the government, whoever, cannot comment on your invocation of your Fifth Amendment right in front of a jury.
They can’t say anything about it. If they do it is a mistrial and you start from scratch again. So in other words when you tell the police officer “I don’t want to talk to you” and you can take it one step further and say “I want to talk to a lawyer.”
Their usual response is “well if you haven’t done anything, why do you want to talk to a lawyer?”, just keep your mouth closed, but that being the case, he can’t say later on down the road “hey when I spoke to him, he wouldn’t talk to me.
He can’t do that in front of a jury.
So in other words all – that entire part doesn’t come in in front of a jury and then you have your chance to tell your story with the benefit of an attorney’s advice in front of that jury or maybe prior to that after talking to a lawyer.
It depends on the circumstances.
My point is, and the rule of thumb, and any lawyer in this town, in this state, and in this country will tell you keep your mouth closed.
There’s no downside to that, absolutely none and I would suggest, especially nowadays at least be cordial about it, you don’t have to get nasty.
The guy that’s asking the questions has got a job to do, you don’t have to like hand them everything, but on the other hand you don’t have to make his job easier in terms of getting you convicted.
Trying to talk yourself out of a criminal charge on the street is damn near impossible.
Let a lawyer help you do that, let me help you do that in a court room.
Have you been charged with a crime and believe your fifth amendment rights have been violated? Our team of criminal defense lawyers have used the fifth amendment to fight various criminal defense charges including DUI charges as well as Drug Crime Charges. If you have been charged with a crime, you should contact an experienced criminal defense law firm today! If you would like to speak to a real Criminal Defense Lawyer and not some paid closer, or professional sales person, call us today at 480-545-0700!