One of the most cherished rights that Americans have is the Fifth Amendment right against self-incrimination. This is often misunderstood; after all, cases with Fifth Amendment questions have been before the Supreme Court on a number of occasions. The Fifth Amendment is one of the most important protections citizens have against over-reach by the government.
When someone is subpoenaed to testify and doesn’t want to answer questions, they may plead the Fifth, or the right not to say something that can be held against them. Everyone has the right not to do the work of the police (or other authorities) for them. This right extends to anyone arrested by federal, state or local police.
The Miranda Warning
The Fifth Amendment is worded very simply, “[No one]?shall be compelled in any criminal case to be a witness against himself?” What does that mean to someone who has just been arrested? The famous Miranda warning, which everyone has heard numerous times on TV, begins with, “You have the right to remain silent.” This should be taken very seriously. If someone is arrested and interrogated without being read the Miranda warning, those statements cannot be used in court. In all probability, the Miranda warning will be read to someone who has been arrested. Whatever may have happened to that point, this is the time to stop talking. Claims of innocence are falling on deaf ears; the person making the arrest will not change their mind.
The second sentence of the Miranda warning is, “Anything you say and do can and will be used against you …” Believe it, they will. Say nothing. Trying to outsmart them is really dumb.
The third sentence of Miranda is, “You have the right to an attorney.” Once an Auto Accident Defense Attorney in New Iberia LA has been requested, questioning must stop until the attorney arrives. There is an absolute right to have an attorney present any time that the police are asking questions. If someone has been talking to the police and then changes their mind and requests an attorney, questioning must stop until the attorney is present.
Pay attention to Miranda and don’t answer questions without an Auto Accident Defense Attorney in New Iberia LA. Chris Richard has over 25 years of defense experience with DWI or OUI. Contact him at chrisrichardattorney.com; don’t face this alone.
