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ATLANTA, GA, June 11, 2014 /24-7PressRelease/ -- The Fifth Amendment to the United States Constitution gives citizens the right to remain silent and is one of the most powerful tools everyday people can use to protect themselves from self-incrimination and unlawful police conduct. The Fifth Amendment states that "no person shall be ... compelled in any criminal case to be a witness against himself."
This amendment alone did not have a strong practical application until the landmark case Miranda v. Arizona, a case that spawned the creation of the "Miranda warnings." These warnings are included in a brief statement police officers must recite before interrogating an individual under arrest during a criminal investigation. In the Miranda case, the court held that any statement made by a defendant while in police custody before trial will be inadmissible during prosecution unless the police first warn the defendant that they have:
The right to remain silent.
The right to consult an attorney before being questioned by police.
The right to have an attorney present during police questioning.
The right to a court-appointed attorney if they cannot afford one.
The right to be informed that any statements made can and will be used in their prosecution against them.
Many people believe that the right to remain silent simply means that when a police officer begins to question you, you say absolutely nothing, but that is not true. To avoid unnecessary confusion, an assertion of your right to remain silent should be made very clearly and explicitly. Tell the police officers that you are evoking your Fifth Amendment right to silence and that you will not speak to any law enforcement officers until you consult with your attorney. Once you evoke this right, there are several things that the cops must do, or they risk ruining their case against you for not following the law.
What Happens When You Assert Your Right to Silence?
Once you expressly assert your right to silence, the interrogation must shut down immediately, the police must suspend questioning entirely for a significant period of time, and before the police attempt to re-interrogate or question you, you must be read a fresh set of Miranda warnings.
"The right to remain silence is a powerful tool, and when used properly, your chances of not being taken advantage of by police officers and protecting yourself increase dramatically," says Sam McRae, Attorney at Pak and McRae Law. "After you've invoked this right, it's important to contact an experienced criminal defense law firm. Here at Pak and McRae, we are experts on criminal defense law and will use our decades of experience to your advantage."
If you or a loved one has been charged with a criminal violation in the Atlanta area, your rights and your freedom are on the line. It is important that you understand exactly what is at stake and what options you have to fight these charges. Learn more at http://pakandmcraelaw.com.
About Pak and McRae
Pak and McRae Law specializes in criminal defense. Years of experience have given these reputable lawyers specialized knowledge of the inner workings of the court system and the people involved in it. When you hire Pak and McRae you will have peace of mind knowing that they will fight for the best possible outcome for your case.
For more information, please visit http://pakandmcraelaw.com.
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