How Does the Fifth Amendment Protect You?

When a person is charged with a crime, it’s important for the individual to know his or her legal rights as a defendant. If the police violate these rights, such as those guarded by the U.S. Constitution’s Fifth Amendment, a defendant may be able to remove whatever benefits the prosecution gained as a result of this mistreatment. For some defense cases, the removal of these illegally-gained benefits can make a major difference.

The Protection of the Fifth Amendment

The Fifth Amendment specifically deals with defendant protections before and during a criminal trial. This amendment covers the following:

  • Protection from self-incrimination from wrongful confession or torture, also known as the “right to remain silent”
  • Protection from double jeopardy
  • Required adherence to due process during a criminal prosecution, giving a defendant a fair opportunity to argue for his or her defense
  • Providing just compensation if property is taken by the courts during a criminal trial

The Fifth Amendment is perhaps most frequently invoked to protect from self-incrimination. A defendant is allowed to avoid certain lines of questioning, especially by the police directly after an arrest. This “right to remain silent” is a critical legal power for a defendant.

Contact Us

If you’ve been arrested on serious criminal charges and are looking for a legal defender to help you build a strong case for your freedom or reduced sentencing, we may be able to assist you. For more information about how to prepare your defense case, contact a knowledgeable attorney of the Law Offices of Mark T. Lassiter today by calling (214) 845-7007.


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