Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Right to Remain Silent: Fifth Amendment Privilege Against Self Incrimination

On Behalf of | May 19, 2017 | Right to Remain Silent |

5th Amendment Right to Remain Silent in Arapahoe County Courts
In Aurora, Colorado courts, you have a right to remain silent, if what you say may lead to charges against you or other serious legal consequences. This is called your Fifth Amendment Right to Remain Silent. Without this right, you could actually be called as a witness against yourself. Can you imagine being forced to testify against yourself? Police Interviews and Your Right to Remain Silent.

Fifth Amendment Privilege Against Self Incrimination in Jefferson County, Colorado

Application of your Fifth Amendment Privilege Against Self Incrimination and your right to remain silent comes into play in many situations – both before and after you’ve been convicted of a crime. Here are some examples:

■ When you are under subpoena and testifying in court, and your testimony differs from prior testimony or statements to police

■ When your testimony may expose you to criminal prosecution for admitting to criminal conduct

■ When in Sex Offender Treatment, you are asked in a polygraph examination about past crimes and any admission may subject you to prosecution for a new crime, or the loss of your standing in SOISP or Sex Offender Treatment

■ When your probation officer seeks information on what you did at a particular time, and that answer may result in revocation of your probation or prosecution

United States Fifth Amendment Right to Remain Silent in Adams County and Denver

You are never required to open your mouth and say things which can hurt you legally. This can shut down the government in their case against you or someone else. A limitation on this right can occur if you choose to testify about a subject, and the government cross-examines you on that testimony. Many judges will say that you waived that right of self-incrimination. So, be careful when you testify.

Immunity in Douglas County: An Exception to Your 5th Amendment Right Against Self Incrimination

When the government really wants to hear what you have to say, they will consider a grant of immunity. This means that you can admit to a crime, but they can’t prosecute you for that crime. This immunity must be VERY carefully worded. You don’t want immunity for what you say in court, while at the same time opening the door for police to go and find other evidence against you and prosecuting you with that evidence.

The Fifth Amendment can be a valuable tool for convicted persons and those who have not been convicted. But, it has exceptions, and they can be tricky. Call 303-731-0719 to learn more. Together, we can protect your future.

Image Credit: – stockimages