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Fifth Amendment Tag

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

Posted by Clint
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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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24 January
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Do You Have to Answer a Police Officer’s Questions?

Posted by Clint
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Do You Have to Answer a Police Officer’s Questions?

When you get pulled over at a traffic stop or brought in to the police station, the police officers will ask you a variety of questions. You do not have to answer any of these questions if you decide not to do so. The Fifth Amendment to the U.S. Constitution protects you. What Is the Fifth Amendment? The Fifth Amendment states that no one “shall be compelled in any criminal case to be a witness against himself … without due process of law”. This means that police officers cannot force you to answer questions, because you might incriminate yourself by answering. The...

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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 August
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When Do You Have a Right to an Attorney After a DUI Arrest?

Posted by Clint
in Blog
When Do You Have a Right to an Attorney After a DUI Arrest

The right to an attorney in a DUI case is the same right that you have in other criminal matters. You may be surprised to hear that the police can require you to take a breath test or standardized field sobriety tests before you have the right to an attorney. In fact, your right to have an attorney begins when any “custodial interrogation” begins, not when you are pulled over. “Custodial” means that a reasonable person would not feel free to leave the situation. Courts ask whether the situation presents the same coercive pressures as a “station house questioning” at the...

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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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