It is possible you’ve seen the recent news about the investigation into the financial operations of the Trump Organization. Under questioning during a deposition, the former president invoked the Fifth Amendment. This is something you may see during a high-profile case such as this one, or you may hear it on television if you watch crime dramas. Regardless of where you hear it, it is in your interest to know what this means and how it could benefit you if you are ever facing criminal allegations.
The United States Constitution grants certain rights to Americans, including protection against intrusion from the government and more. Some of the most important rights are those granted through the Fifth Amendment, including the protection against self-incrimination. Each person will benefit from an understanding of his or her rights when dealing with law enforcement, under arrest, charged with a crime or when under questioning.
The protections provided to you
The Bill of Rights includes 10 amendments to the U.S. Constitution that provide important protections and benefits. The fifth of these amendments is particularly important for those charged with a crime or those who are under investigation for criminal activity. The Fifth Amendment grants the following rights:
- You have the right to answer for crimes only when indicted or under presentment by a grand jury.
- You have protection against double jeopardy, which means you cannot be prosecuted for the same crime two times.
- You have the right to a fair trial, also called due process.
- You have protection against the government unlawfully taking your property without a valid reason and fair compensation.
- You have the right to avoid self-incrimination, which means you do not have to answer questions that could implicate you in a crime.
By understanding your rights under the Fifth Amendment, you will be in a better position to shield your interests and protect your future in case you are ever charged with a crime or suspected of illegal activity.
Your defense options
When charged with a crime in Kentucky, you will benefit from knowing your defense options. It is prudent to seek the opinion of a professional regarding how you can confront the prosecution’s case, challenge the evidence against you and present the best defense for your individual situation. You do not have to wait for formal charges to seek this guidance; you may find it helpful to do so at the start of an investigation or when you learn you may be under suspicion.