The fifth amendment provides US citizens with quite a few rights while placing several responsibilities squarely on the government’s shoulders. When these rights are violated, it can cause a big problem for all involved. What are your fifth amendment rights?
Grand Jury Trial
A grand jury trial is held before you can be charged for any crimes for which you have been accused. The prosecution is responsible for proving that there is sufficient evidence for a criminal trial before one can be granted. If the grand jury feels that a jury of your peers would be able to make a reasonable determination of guilt or innocence given the evidence, they can choose to grant a criminal trial.
Double Jeopardy Protection
Double jeopardy occurs when you have been punished twice for the same crime. There are instances when you may be tried twice for the same crime, such as a previous mistrial or when filing for an appeal. If being accused of both state and federal crimes, you might be tried at each level.
“Pleading the fifth” means that you have invoked your fifth amendment right not to speak, so as not to incriminate yourself. You will never be required to testify in a trial if it may prove your own guilt.
The Miranda rights were made mandatory because of the fifth amendment right against self-incrimination. They are a reminder to anyone detained or arrested that they do have these rights and can “remain silent” if they don’t wish to incriminate themselves. Also, the Miranda warning advises of the right to legal representation.
The right to due process simply means that the government will follow strict regulations so that all trials are fair for anyone facing criminal charges. This right applies to criminal as well as civil actions taken in court, such as those in family court or small claims.
While the government can seize land when needed for public use, they cannot take it without compensating the owner financially. They must pay you full market value for any property seized for government purposes.
If you feel that your fifth amendment rights have been violated in any way, it is essential to speak with an experienced lawyer about what consequences may follow. Contact Rowsey & Stelter, Attorneys at Law for a consultation.
Posted on behalf of
295 W Crossville Road,
Building 100, Suite 110,
Roswell, GA 30075
Phone: (770) 993-5317Monday - Friday 9:00 AM – 5:00 PM