Understanding Your Fifth Amendment Rights

You may have heard of one or all of the rights listed below, but not know where they were born in our constitution’s amendments. Our country relies heavily on laws and regulations that ensure we are all treated fairly, have equal rights and are protected.

A Trial by Grand Jury

The fifth amendment defines a grand jury as one who will decide whether the evidence available is sufficient to bring charges. They don’t decide guilt or innocence, only that there is enough evidence that a trial jury can make a reasonable verdict. You have a right to a grand jury trial.

Protection Against Double Jeopardy

Double jeopardy means being tried or punished for the same crime twice. The fifth amendment protects you from this. You may go to trial twice for the same case in certain instances. In the event of a mistrial or an appeal, for example, you may be tried again. If the crimes qualify for charges at both the state and federal levels, you may also be tried in both state and federal courts for the crimes.

Protection Against Self-Incrimination

To “plead the fifth” means you invoke your fifth amendment right of protection against self-incrimination. You do not have to testify in your own trial or make comments on the crimes you are accused of committing. You do not have to testify against others if it would also incriminate yourself.

The Miranda Rights, read to detainees when arrested, have roots in the fifth amendment. It advises an accused person of their right to remain silent and speak to an attorney instead of answering questions that might incriminate themselves.

Due Process

This amendment dictates that the government follow strict laws and regulations in performing trials, so they are fair and just for every defendant. Due process of the law not only applies to criminal cases but also to civil matters.

Just Compensation

The government has the right to take private land for public use. However, you also have the right to just compensation through the fifth amendment. The government is obligated to pay you fair market value for your property when seizing it for public use with this right.

Do you feel that one of your fifth amendment rights have been violated? The penalties for a violation will differ based on the circumstances. Schedule a free consultation with Jeff Manciagli today to discuss them with an experienced criminal defense attorney.