“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.
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:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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