May 20, 2021

Everyone needs to know about Fifth Amendment rights

It can be overwhelming to face questions from police, especially if the individual is not familiar with how the criminal justice system works. While Michigan law enforcement should carefully investigate crimes, they may not violate the rights of individuals who they suspect are connected with the alleged crime. Everyone has Fifth Amendment rights, and it is beneficial for each adult to know his or her rights in case of police questioning. 

What are Miranda rights? 

Fifth Amendment Miranda rights include protections against accidental self-incrimination while being questioned in police custody. This means no one can be compelled to answer questions that may incriminate himself or herself without an attorney present, as well as other rights, including: 

  • The right to remain silent during questioning 
  • The right to secure representation from an attorney 
  • Entitlement to a court-appointed attorney if the individual cannot afford to hire one 

Some suspects may not be aware of why it is often in their best interests to remain silent during questioning when there is not an attorney present. This is because anything one says may be used at some point in the potential prosecution of that individual. 

The need for a defense 

There is a need for a strong defense at every stage of a criminal case. This includes seeking help during questioning, even before formal charges are filed. A Michigan suspect will find it helpful to protect his or her rights from the very beginning, including during the investigative stage. This includes Fifth Amendment rights and other protections provided by the Constitution.