Self-Incrimination

The Fifth Amendment of the US Constitution protects citizens from self-incrimination in a criminal trial. The exact language used is: “No person…shall be compelled in any criminal case to be a witness against himself.” If you are ever arrested, taken in for questioning by police, or compelled to testify at a trial, it is very important to know your Fifth Amendment rights.

Unfortunately, there are many common misconceptions about our Constitutional protection against self-incrimination. If you have been accused of any criminal offense, Rhode Island expungement lawyer James Powderly can help you understand and protect your rights. Call our offices today at 401-662-9006.

The Right to Remain Silent

Our Constitution’s protection against self-incrimination can be traced back to 17th century England, where torture was often used to get confessions from suspected criminals. It was eventually decided that this tactic was both unjust and unlikely to yield accurate information. Today, the policy that people should not have to implicate themselves in crimes has extended to several related rights.

Under the Fifth Amendment, you have the right to:

• Refuse to testify at your own trial. This refusal cannot be taken as evidence of your guilt.
• Have your rights explained to you when taken into police custody. If you are arrested, the police must clearly explain your rights – including the right to remain silent – before they can begin any interrogation procedures.
• Decline to answer questions that may implicate you in crimes when serving as a witness in a criminal trial.

Police will sometimes persuade people to give self-incriminating evidence by offering immunity. This means the person will not face any criminal charges for crimes that he or she admits to while testifying to the police or in court. The decision to accept or decline this offer can be extremely complicated; you should always speak to an experienced Rhode Island expungement attorney before making decisions about your trial.

Contact Us

A conviction based on illegal tactics can often be expunged, wiping your record clean. For more information, contact Rhode Island expungement lawyer James Powderly at 401-662-9006.