(719) 328-1616

2 N. Cascade Ave., 11th Floor
Colorado Springs, CO 80903
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The Fifth Amendment came about for those apprehended and detained by law enforcement for investigation.  The U.S. Constitution grants the right against self-incrimination and this right extends to state and local jurisdictions.  When someone exercises this right, we often hear, “I plead the Fifth.”  
 
The Fifth Amendment varies from Miranda rights.  Miranda rights notify an arrested person, or a person who has been charged with a crime, of his right to remain silent when being held by law enforcement. The Fifth Amendment and Miranda rights matter because anything a detained person says is evidence that can be used against them in a court of law and may be used for inconsistencies at trial.  A person in police custody, or under custodial arrest may invoke their Miranda right by remaining silent and requesting a lawyer.  
 
At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that no one can force the defendant to take the witness stand and testify against the defendant’s will.  Once the Defendant invokes the Fifth Amendment, no further questions may be asked and the judge will advise the jury that the defendant is invoking his Fifth Amendment right and the jury should not hold it against the defendant.  
 
Considering pleading the Fifth Amendment at trial is your U.S. Constitutional right.  Speaking to your attorney to become educated is essential to your case and to your future. 

Have a CO defense or family law case? Black & Graham can help.

(719) 328-1616

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