Recent Posts in 5th Amendment Category

If you ever you find yourself being questioned, arrested or taken into custody, no matter who you are or what the circumstances may be, your best defense is to remain silent, otherwise known as exercising your Miranda rights.  By law, if the Police wish to question someone who is in custody they must advise the individual of their right to remain silent. If you hear those rights, understand that they are fundamental rights guaranteed to you under the United States Constitution and you should exercise your right to remain silent.

One thing police do not tell you is that they can never use the fact that you remain silent against you, in fact, they often trick people into making a statement. The police may use deceptive tactics and lie to people under investigation. They may tell you that if you tell them your side of the story, they will not arrest you. That is a lie. It is a regular police tactic - used in the hope that the accused will make a statement which can later be used against them in Court.  Whether you should speak to the police is an extremely important and complex decision, which can only be made with the advice of a competent Los Angeles Criminal Defense Attorney.

The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination.  The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.  Even after incarceration, you never have to speak to anyone without speaking to your lawyer first. 

If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible at trial--they cannot be used against the suspect.