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When should you invoke your Fifth Amendment rights?

On Behalf of | Nov 26, 2021 | Firm News |

The Fifth Amendment of the Constitution has several protections for people who are being questioned by the police. Anyone who has watched crime shows has probably seen police officers read Miranda Rights to individuals. The terms in those rights are covered by the Fifth Amendment.

One right that you have is to remain silent. It’s usually best to invoke that right swiftly if you’re being questioned or interrogated. This gives you a chance to seek legal counsel about the matter before you say anything that could be used against you in court.

How should you invoke your right to remain silent?

You should clearly state that you’re invoking your right to remain silent. Once you do this, nobody can question you. The invocation of your rights covers the law enforcement officers that are present at the time, as well as all others who want to question you about the matter. You can’t pick and choose what questions you answer, so you must be silent once you invoke your right to do so.

If the law enforcement officers continue to question you after you invoke your right to remain silent, nothing that you do say can be used by prosecutors if you have to go to court.

Your criminal defense strategy must take all factors of your case into account. It’s wise to work with someone who you’re able to count on to help you learn the options you have for your defense strategy. Do this quickly once you find out you’re facing charges so you can go through all the options and determine which one is the most appropriate for your needs.

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