In criminal law, a person being charged with a crime has rights, and some of the rights the person has fall under the Fifth Amendment of the Constitution. If you are not familiar with this amendment, you should learn more about it as you might need to exercise these rights at some point in your life. Here are several things to understand about the Fifth Amendment if you are facing criminal charges.
The right to remain silent
The most common part of the Fifth Amendment that people think of is the right to remain silent. The purpose of this right is to give you the ability to stay silent when your answers would incriminate you. In other words, this amendment protects you from self-incrimination during criminal matters. If you are asked questions about the crime, you can say nothing without facing legal consequences for this.
The right to due process
Due process is a term used often in criminal cases, and this term basically gives you the right to go through the legal process of a trial for the crime you committed. It means that the court cannot simply state that you are guilty without a formal trial.
The right to a grand jury
Another right you have through the Fifth Amendment is a right to a grand jury trial. A grand jury is something used primarily with federal cases, but lower courts also use juries. Basically, a jury is a group of people who hear your case and make a decision about whether you are guilty or innocent.
The right not to testify
The right not to testify is also part of the Fifth Amendment, and this right is actually part of the right that gives you the freedom to remain silent in your case. If you end up going to trial for your case, it is the Fifth Amendment that states that you do not have to testify in your case. If you decide you want to testify, though, you have the right to do so. The important thing to realize is that if you choose to testify, the judge will likely require that you answer all questions asked to you, even if the answers would incriminate you.
These are the main rights you have through the Fifth Amendment, and you should exercise them if you are facing criminal charges. If you have questions, contact a criminal defense lawyer in your city like Jacobs & Barbone P A.
