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Can A Person Waive His Or Her Fifth Amendment Right?

Almost every right that is guaranteed to a criminal defendant by the U.S. Constitution can be waived, in some form. This includes the privilege against self-incrimination. As we have stated before, the right attaches once you are in custody and the police (or law enforcment) begin an interrogation.

In order to waive your Fifth Amendment right during a custodial interrogation a defendant has to waive it knowingly, voluntarily, and intelligently. This means that a defendant has to understand that he or she has the right to remain silent and that anything that is said can be used against him or her. That is all that the prosecution has to show to use any statement given by a defendant. Even if you are unaware of every potential consequence of that waiver, courts wil still allow the admission of that statement during your tiral.

If you or a loved one have been charged with a sex crime or violent crime, contact a Plano criminal defense attorney today.