One of the unique things about living in the United States is the U.S. Constitution. As U.S. citizens, we have many rights that are part of our lives. The Fifth Amendment to the U.S. Constitution are rights that apply to everyone. These rights apply to us, particularly when we have been arrested or charged with a crime. Here are the most common Fifth Amendment rights that typically apply to defendants.
Double Jeopardy Clause
Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”
A violent incident can happen in a second. When a confrontation occurs, it can result in one or the other party suffering severe injuries or death. Recently, the defendants in several high profile cases have asserted self defense claims in court. Self defense is a defense that asserts that you acted in response to something that could have caused you severe injury or death. Your act therefore was a way to prevent yourself from being killed. If you are accused of a serious crime, it is critical to talk to an experienced criminal defense attorney as soon as possible.
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
You’ve heard it a million times before, someone who may be in a bit of hot water says they’re going to “plead the Fifth”. It’s happened most recently with President Trump’s former National Security Adviser Michael Flynn. The Senate Intelligence Committee asked him to come and testify about issues relating to his connections with Russia and it was just revealed that Flynn will be pleading the Fifth, refusing to testify to the Committee or turn over any documents related to the issue. So what exactly does it mean to plead the Fifth and how does it work? To learn more, keep reading.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
When the Utah jury acquitted a man named Roberto Román of first-degree murder of an officer of the peace, Román and his attorney breathed sighs of relief.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since then the topic of the governments’ rights to access password-protected information has exploded as a conversation piece as other cases have emerged. To date, law enforcement has succeeded in paying hackers to break into the San Bernardino phone and, in another case, jailed a defendant for seven months running for refusing to provide his password to unlock his hard drive in the ongoing criminal investigation against him.
Charlotte Criminal Lawyer Blog