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Home  >  Articles  >  Understanding Your Fifth Amendment Rights

Understanding Your Fifth Amendment Rights

After an arrest, a criminal defendant is entitled to certain Constitutional rights that may prove crucial for their cases. In particular, the Fifth Amendment provides defendants with powerful legal protections against abuse from the government in criminal trials. If the police violate these rights, they may lose their ability to use certain pieces of evidence in a trial or may even jeopardize the prosecution’s entire case against a defendant.

How the Fifth Amendment Protects You

The Fifth Amendment rights afforded to all defendants primarily protect them from legal violations from the authorities after an arrest has been made. In particular, these rights include the following important protections:

  • The right to due process
  • The right to refuse questioning that may lead to self-incrimination
  • The right to avoid double jeopardy
  • The right to be indicted by a grand jury in cases of infamous crimes
  • The right to just compensation if property is seized for a case

If the police violate any of these rights, the defendant may be able to cite this breach of rights in order to have the effects of that violation removed from his or her trial. As an example, evidence that is obtained through an illegal search and seizure may be thrown out, disallowing the prosecution from using this evidence in the case. Overall, these Fifth Amendment rights can be very beneficial in cases where authorities abuse their power.

Contact Us

If you’re facing criminal prosecution, you may want to think carefully about your legal options and begin working with an experienced legal defender who can help you protect yourself from police abuses. To learn more about how we may be able to assist you with your defense strategy, contact attorney James Powderly today by calling 508-343-0676.