Your Rights Against Self-Incrimination, Double Jeopardy and Illegal Searches

The Fifth Amendment to the United States Constitution reads in part:

“nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Your Constitutional Right against Self incrimination

Before and after trial it is your right to refuse to answer any questions or make any statements that may incriminate yourself.  Nobody can force you to testify if you do not want to.  The jury is not allowed to consider your decision to not testify.  If you choose to testify you can not choose to answer some questions but not others.  Therefore, the decision to testify is an important one that you need to discuss with a lawyer. 

Miranda Rights

The following are commonly referred to as your Miranda rights:

1.     You have the right to remain silent.

2.     Anything you say can and will be used against you in a court of law.

3.     You have the right to an attorney.

4.     If you cannot afford an attorney, one will be appointed for you.

If the police have you in custody and do not read you the Miranda warning before they elicit information from you, that information, or any evidence derived from that information can not be used in the criminal trial.

Double Jeopardy

You protected against the Government in the same jurisdiction from putting you on trial more than once for the same criminal offense

"Search and Seizure" and the Fourth Amendment

The Fourth Amendment protects you against unlawful searches and seizures.  The Fourth Amendment insures that whatever information or items discovered as a result of an illegal search or seizure will not be allowed in the criminal trial.  

If you believe your Fourth or Fifth Amendment Rights have been violated, or if you have questions regarding those rights, call Patrick Flanagan immediately at (651) 214-7209, or email at PatrickFlanagan@Flanaganlawsite.com

All information contained in this site is general in nature.  The material stated above is not legal advice and does not create an attorney-client relationship.  If you are in need of legal advice concerning a particular matter, you should contact an attorney who can assist you with your situation.