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self-incrimination Tag

05 February
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Avoiding Self-Incrimination After a Drug or Alcohol Arrest

Posted by Clint
in Blog
Avoiding Self-Incrimination After a Drug or Alcohol Arrest

After you have been arrested on drug or alcohol-related charges, you must take care to avoid self-incrimination. Ideally you should talk to a lawyer about your rights as soon as possible after arrest. In reality, it may be days or weeks until you can secure representation. In the meantime, here are some tips. Oversharing Is Bad for Your Case When all your friends and family communicate using social media, your first instinct may be to post about your arrest or message everyone for advice. Avoid doing this at all costs. The prosecutor can and often will find out about your social media...

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20 December
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Taking the Fifth

Posted by Clint
in Blog
Taking the Fifth

The Fifth Amendment to the Constitution states plainly that no one “shall be compelled in any criminal case to be a witness against himself”. Many people call this refusal to testify “taking the Fifth” or “pleading the Fifth”. It is also referred to as the right against self-incrimination. Criminal defendants may take the Fifth in a criminal trial. Rather than testifying, the defendant must indicate his intention not to testify to avoid incriminating himself. His attorney, the prosecutor, and the judge cannot force him to testify. However, if the defendant takes the stand and answers a few questions, then tries to...

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25 September
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Supreme Court Cases About Taking Blood Samples

Posted by Clint
in Blog
Supreme Court Cases About Taking Blood Samples

Blood samples taken from suspected drunk drivers have been the topic of several high-profile Supreme Court cases. Defendants have challenged whether compelled blood samples violate the Fifth Amendment and whether evidence of refusal to take a blood test violates the Fifth Amendment. In both cases, the Supreme Court ruled in favor of the government. In the case of Schmerber v. California, 384 U.S. 757 (1966), a drunk driving suspect was arrested while in the hospital receiving treatment for injuries. At the hospital, a police officer ordered a doctor to take the driver’s blood sample. The sample was used as evidence, and...

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09 June
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Your Right to Remain Silent in DUI Cases

Posted by rainmakeradmin
in Blog
Your Right to Remain Silent in DUI Cases

Your silence could protect you in a DUI case. If you are worried about incriminating yourself when you speak to the police, “plead the Fifth” before or after an arrest. The Fifth Amendment to the Constitution of the United States affords Americans this right, but far too few people know how to use it. The “right to remain silent” part of the Fifth Amendment reads: “No person … shall be compelled in any criminal case to be a witness against himself.” Invoking the right is to refuse to answer a question because its implications and the circumstances under which it is...

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