What the Fifth Amendment Means
The Fifth Amendment to the United States Constitution states that if you are accused of a crime, you are never required to furnish evidence against yourself. This is the basis of the "right to remain silent" that is read to those taken into police custody before interrogation. This is known as the Miranda warning and is absolutely critical to your getting the fairest possible trial, should one be necessary.
The Risk of Telling Your Side of Things
Most people are honest and law abiding, and they believe if they are arrested, they can clear things up by telling their side of things. This is an extremely dangerous action. There are countless opportunities for people who are perfectly innocent to be misunderstood and have their own words used against them. If you're arrested, never answer questions until your Fresno criminal defense lawyer arrives.
Those Accused Have Rights
Those accused of crimes or misdemeanors have rights, and part of your Fresno criminal defense lawyer's job is to help you preserve your rights. A successful defense requires that you not answer police questions without your lawyer present, and that you be absolutely honest with your lawyer. Don't be afraid to tell your lawyer anything. Any experienced defense lawyer has seen it all.
The Prosecution Has the Burden of Proof
When you're charged, it is the prosecution's burden to prove that you are guilty of what you're charged with. It is on them to prove guilt, and there are many places between arrest and trial deliberation where the charges may be dismissed. Be prepared to go to trial, but hire an experienced defense attorney who can determine what's in your best interests at every stage of the justice process.
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