The Fifth Amendment

Surely, all of us have heard the phrase “I plead the 5th”. However, not everyone knows which rights the 5th amendment grants. We want to help you understand how these rights can be used in your favor against criminal charges. 

What is the 5th Amendment?

For those facing criminal charges, the Fifth amendment is extremely important, as it outlines four rights a person has when being arrested and facing charges in the United States:

– The right to remain silent

– The right to know what you say and do can be used against you in court

– The right to an attorney to help defend your case

– The right to be appointed an attorney if it is not possible to afford one

When arrested by a police officer, you must be told all four rights (also known as “Miranda rights”). If this is not the case, any resulting statements made by you from the moment of your arrest might be considered inadmissible.

But be careful when using the Fifth Amendment as a crutch. It is wise to invoke it upfront, but refusing to cooperate can be seen as an admission of guilt, and it could hurt your case. Therefore, when facing this type of situation, we strongly recommend consulting with an attorney. Our team of experienced Florida criminal defense lawyers at Mitkevicius Law can help.