Right to Remain Silent
Although the 5th Amendment has clauses pertaining to grand juries and double jeopardy, it is still most commonly associated with “the right to remain silent.” Everyone, regardless of race, age, gender, etc. has this right. However, should you choose not to remain silent, “everything you say can and will be used against you.”
The 5th Amendment"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Although the 5th Amendment has clauses pertaining to grand juries and double jeopardy, it is still most commonly associated with *the right to remain silent.* Everyone, regardless of race, age, gender, etc. has this right. However, should you choose not to remain silent, *everything you say can and will be used against you.*
The right to remain silent is with you at all times. Therefore, you can invoke this right at any time while being questioned by law enforcement.
The Fifth Amendment also protects individuals from having to testify if they may incriminate themselves through their testimony. This even applies to a witness if the witness believes answering the question may be self-incriminatory.
Not only do you have the *right to remain silent,* but law enforcement must inform you of this right in most situations. Any time law enforcement takes an individual into custody, law enforcement must make the individual aware of their rights. This is often referred to as your Miranda rights. These rights include the right to remain silent, the right to have an attorney present during questioning, and the right to have a government-appointed attorney if the suspect cannot afford one.
ConclusionIf law enforcement does not inform you of your rights, courts will often suppress any statements by the individual as violating their Fifth Amendment protection against self-incrimination. This can potentially lead to having one*s case dismissed. Therefore, if you or a loved one are charged with a crime, and you think your constitutional rights were violated, it is important that you speak with experience attorneys such as Anthony Bruno & Peter Schoenthal.