“The 5th” commonly refers to the Privilege Against Compulsory Self-Incrimination which is contained in the United States Constitution. It protects people from being forced to become witness against themselves in a criminal proceeding.
The 5th is the basis of the United State’s Supreme Court ruling in “Miranda” and is the reason why law enforcement is required to advise you that you have the right to remain silent and that anything that you say can be used against you in Court.
Unfortunately most folks do not understand that the 5th almost always applies, everywhere and to every situation involving the government. For example, you do not have to answer a police officer’s questions about why you were driving the way you were or where you were coming from or going to when you are stopped for a moving violation, but they also are not required to advise you of your right to decline such discussion at that time (note that Miranda is a separate issue and is address in a separate Webisode).
Still, there are circumstances where the 5th does not apply, most particularly in situations which do not involve the government (i.e. you cannot – successfully – invoke the 5th when your parent asks you where you have been or what you have been doing).
If you get nothing else out of this Webisode please know this: You have a right, an absolute and unequivocal right, NOT to talk to law enforcement. There may be consequences for invoking your right (i.e. you might get arrested, or worse, beaten and accused of having first taken a swing at the cop) but it is your right nonetheless.
If you have a FL based #CriminalDefense or #DUI question that you would like for Michael A. Haber, Esq. to address and answer then please SUBMIT YOUR QUESTIONS by email to [email protected], call or text 305-798-2220 or message “Miami.Criminal.Lawyer” on #Facebook or @Sharky910 on #Twitter) and Michael A. Haber, Esq. will try to provide you with a video answer on a new HaberPA Webisode!
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client’s interests and custom tailors his services to meet each client’s particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client’s rights are respected and that his clients receive top-tier legal representation and counsel.
Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 – 305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).
When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this webisode series. Further any and all information which is both contained in and may be construed from this webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney. 
- Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
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