What are My Fifth Amendment Rights?
If you have been charged with a crime in Texas, know what your rights are by consulting with a Houston criminal defense lawyer. In this legal video, Houston criminal law attorney, Jim Story discusses your Fifth Amendment Rights to remain silent and not incriminate yourself.
You have a Fifth Amendment right against self- incrimination. No person who’s charged with a crime can be forced to give evidence against themselves. They cannot be forced to testify at trial, and they have the right to not bring any evidence forward at all. It’s a very important right, and the client needs to contact an attorney as soon as possible, so that the attorney can advise them of that right. And that they don’t waive that right by making a statement to the police prior to understanding what they’re charged with, what the possible consequences are, and knowing that they don’t have to speak to an officer.
Many times, officers will have you on the side of the road, and they’ll say, give me your version of events. How fast were you going? Asking you all sorts of questions. What you need to understand is, you don’t have to give the officer any answers. You don’t have to answer his questions. Just because he’s in a position of authority does not mean that his position of authority outweighs the Constitution of the United States, or the Texas Constitution. You can say no. You can say Officer, this is my driver’s license, and if you have any other questions, you’re welcome to contact my attorney.