A Criminal Defense Attorney Explains Your 5th Amendment Protections

The role of a criminal defense attorney is two-fold. First my job is to ensure that your constitutionally guaranteed rights, under both the state and federal statutes, are not violated over the course of the trail. Second my job is to make sure that you get a fair and equable trial, in a speedy manner that ideally results in your acquittal or in the court finding you to be not guilty. As such I have extensive training in criminal law, specifically the laws that allow me to protect you from an unjust prosecution. The Founding Fathers understood the importance of a quick, fair, and equable trail and enshrined these principles in the Bill of Rights or the first ten amendments to the Constitution of the United States. In keeping with these principles, states have established their own laws to augment these rules which is why you should always involve a skilled criminal defense attorney, who understands all these laws, if you are ever accused of a crime.

For a criminal defense attorney, there are certain laws that are so deeply enshrined that we use them every day to protect the rights of our clients and ensure that they are not taken advantage of. One of these ideas is found in the Fifth Amendment and has been universally accepted by all the states. In fact, our state has additional laws that protect your Fifth Amendment rights even more rigorously. A point that is of particular importance, if you have been accused of a crime and your criminal defense attorney has not yet arrived on the scene, is that you cannot be compelled to make any statements that could later be used to incriminate you. Sometimes a zealous prosecutor will try and coerce you to confess to a crime, promising things like a lighter sentence or threatening you with the a more severe consequence if you do not comply. This is exactly the kind of thing that the Fifth Amendment protects you against, where it specifically prohibits anyone from compelling you to make a statement that is self-incriminating. As such I strongly urge you to never make any statements, or confessions, until you have had a chance to speak with me (your attorney) first.

Another right that is duly enshrined in the Fifth Amendment is your right to due process. You are protected from three specific acts against you until you have been arrested, charged, and had a chance to go before a judge with your criminal defense attorney. You are protected from the loss of your freedom, the confiscation of your property, and the loss of your life. While it may seem like these are common sense, there are people who will willfully seek to convince you that you cannot protect your freedom or your property unless you fully cooperate with the authorities. This is a fallacy and is designed to give them what they want which is typically not in your best interest. Getting you safely through the due process is one of the most important functions I, as your criminal defense attorney, perform.