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US Constitution

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.

Posted on behalf of Jeff Manciagli, Trial Attorney

66 Lenox Pointe NE, Building #66
Atlanta, GA 30324

Phone: (404) 642-9080

Monday & Tuesday 8:30 AM – 7:00 PM
Wednesday & Thursday 8:30 AM – 5:00 PM
Friday 8:30 AM – 2:00 PM

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(404) 642-9080

    Our Client Reviews

    Jeff Manciagli, Trial Attorney

    4.9 / 5.0

    Based on 41 reviews

    Kurt

    I was very pleased with the services Mr. Manciagli provided. He was professional, explained everything throughly, and most importantly Mr. Manciagli was able to get my case dismissed. I would refer him to anyone seeking legal council. My case was handled with absolute discretion and expertise.

    A.V.

    I Highly Recommend Mr. Manciagli To Anyone looking for a great outcome with whatever their situation might be Mr. Manciagli has been of great help and i am beyond bless Since the day i met him At Only 3 weeks of contacting him for early termination on Federal Supervise Release He Was Able to Get My Motion Granted Which means I Got Early Termination and At All Times Mr Manciagli kept in contact with me kept me informed of my case and answered all my questions and i got the best outcome from this experience Thank You So Much Mr Manciagli Extremely Grateful

    Usha D

    Mr. Manciagli has been a God send help for me in my legal defense. He was very prompt in his response and willing to help and assist as and when needed. He made me feel secured, protected, and well represented. He stepped in and took good care of all of the legal matters. He quickly understood what I was dealing with and knew how to handle the issues on a timely and professional manner. His experience, friendly attitude and mannerism is commendable. Thank you, Mr. Manciagli for your help!

    A. M.

    Mr. Manciagli has done so much in so little time. In less than one month he was able to contact the courts and got me early termination for my supervised release. I am so grateful, he works fast and always stayed in contact with me. I highly recommend my attorney to everyone I am very satisfied with Mr. Manciagli. Very grateful to him for all he has done since the day I met him. He's just the best.

    Client

    Mr. Manciagli has lived and traveled all over the world, including Latin America, and his legal work has taken him to Colombia, Mexico, Guatemala, Panama, and Jamaica. It was important for me, as a foreigner in the U.S., to have an attorney who understood me from a cultural level and who I could speak to in Spanish. If you or a loved one needs a criminal defense attorney, Jeff Manciagli is the attorney you should call.

    Client

    Jeff was recommended by a friend. I am very pleased with the way my case was handled & the outcome was very satisfactory. I would recommend him.

    Client

    Entered into a drug case (1/2 oz of molly & 1g. of marijuana)..... I have 3+ felonies....Jeff got me 6 months house arrest & probation.....definite prison time without him.......reasonable priced....Thanks Jeff.

    N.C.

    My lawyer in FL recommended Jeff when I got arrested in GA and didn't know what to do. I got pulled over in a cash-cow speed trap town 20 miles above the state line and they called a K-9 unit and got probable cause to search my car. I was livid and felt so violated. Luckily I hired the best of the best. Jeff always called/emailed me back promptly when I had questions about my case, and Always spoke to me as an equal. He took care of everything and when it came time to go to court was honest and logical in discussing what was best and how my plea would affect my future. Under his council I felt calm and in control. I was facing 3 misdemeanor charges and got them all dropped on the condition that I do a small amount of community service, pay a fine, and don't get in any more trouble for a few months. I didn't even get points on my license for the original speeding ticket. At the end of the day, money is replaceable- my time and freedom are not. If I or anyone I know ever has trouble in GA again, I will be calling Jeff.

    66 Lenox Pointe NE, Building #66, Atlanta, GA 30324 Phone: (404) 642-9080