Charged with a Crime in Philadelphia ? Do Not Incriminate Yourself
The 5th Amendment of the Constitution holds that you have the right against self-incrimination. This means that you cannot be forced to answer questions or otherwise provide information about yourself that will likely result in your facing criminal prosecution. It is also this amendment that gives you “the right to remain silent.”
It is possible you have even heard of people invoking this right by “pleading the fifth.” By pleading the 5th Amendment, they have invoked their right against self-incrimination.
The 5th Amendment does not apply to DNA and fingerprint evidence. This type of evidence is considered to be non-testimonial and the right against self-incrimination only applies to communicative evidence.
If you’ve been arrested in Philadelphia or the surrounding counties, it’s important you call me immediately at (267) 931-7900.
Why the Right against Self Incrimination is Important in Pennsylvania
The right against self-incrimination is a cornerstone of our justice system. There are several reasons for this.
- It limits the power of the government. Mere suspicion by the government of someone’s guilt is not enough; the government must actually prove their guilt.
- No one can be forced to confess (which can happen even when someone is not actually guilty).
The main purpose of the right against self-incrimination is to protect both the innocent and the guilty from being subject to government overreach.
Self-Incrimination Violations
In, Miranda v. Arizona, 384 U.S. 436 (1966) the United States Supreme Court held that “there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” As such, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”
The Court further held that “without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would otherwise do so freely.” Therefore, a defendant “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.”
One of the ways your right against self-incrimination may be violated is when the police arrest you but do not read you the Miranda rights. Part of the Miranda rights state that you have the right to remain silent and that if you do speak, anything you say may be used against you in a court of law. Failure to inform you of this right may render any statement you give to police inadmissible if you are subsequently charged with a crime. Also, if the police violate this right by using improper influence on you, it may be grounds to have any evidence obtained by virtue of that violation dismissed.
How Can a Criminal Defense Lawyer in Philadelphia Use Self Incrimination Violations?
A constitutional rights violation can be a powerful and effective basis for your defense when you have been charged with a crime. A skilled criminal defense attorney can use this violation to have charges dismissed, confessions tossed, and evidence excluded. This is why you should call me today at (267) 931-7900 for a free consultation.