5th Amendment Rights You Deserve the Best Defense

Your Fifth Amendment Rights

Why You Should Have An Attorney Present for Questioning

Always have an attorney present when you speak to Law Enforcement, because you may unwittingly say something that can be used against you in a court of law. Law Enforcement are trained in the art of interrogation. They have been trained in how to get you to talk without reading you your Miranda rights. Law Enforcement are allowed to lie to you. They are allowed to say that the interview is off the record, when it is not. Further, they are allowed to lie about what other witnesses have told them. What is worse, they are able to bring up incriminating evidence in court, but are not required to present exculpatory evidence. In other words, law enforcement is not required to present evidence that proves your innocence. They will tell you that innocent people do not claim their 5th amendment rights. This is absolutely not true.

What you can do to protect yourself

Attorney William Butler recommends you have legal representation when being questioned. Claim your 5th amendment rights, and say this to all law enforcement:

“My lawyer told me not to talk to anyone about my case, and not to reply to any accusations. Call my lawyer if you want to ask me any questions. I do not agree to answer any questions without my lawyer present. I do not agree to waive any of my constitutional rights.”

Watch a video given by Law Professor James Duane and a police officer about why you should never speak to law enforcement without a lawyer present, or waive your 5th amendment rights:

Miranda Rights

Significantly, most people do not realize that law enforcement does not have to read you your Miranda Rights, unless you are under arrest. Being under arrest means you are not free to leave. Law enforcement does not have to verbally state that you are under arrest, the mere fact that you are not free to leave means you are under arrest. Remember you are presumed to be innocent. Sometimes law enforcement will tell you they just want to talk to you and give you a chance to prove you are not guilty. Do not speak to them, you have not been mirandized and anything you tell them will be used against you.

For over 35 years, Louisville Criminal Defense Attorney, William M. Butler, has successfully obtained case dismissals, charge reductions and other favorable results on behalf of clients charged with serious criminal offenses in Kentucky; he can help you too.

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NOTE: Every case is different because each case has its own facts. No lawyer can honestly guarantee the outcome of a particular case. Given the unchangeable facts, William Butler’s judgment, skill, and tactics, supported by hard work and dedication, are the keys to a successful outcome.

Frequently Asked Questions

What should I do if I am approached by law enforcement?

If you are approached by law enforcement, it is crucial to remain calm and assert your rights. Politely inform the officers that you wish to exercise your Fifth Amendment rights and that you do not want to answer any questions without your attorney present. This statement can help protect you from inadvertently providing information that could be used against you. Remember, law enforcement may use various tactics to elicit information, so having legal representation is essential to navigate the situation effectively.

What are the consequences of waiving my Fifth Amendment rights?

Waiving your Fifth Amendment rights can have serious consequences. By doing so, you may inadvertently provide information that law enforcement can use against you in court. Once you waive these rights, you lose the protection against self-incrimination, which means anything you say can be used as evidence. It is essential to understand that even innocent individuals can be misinterpreted or misrepresented during questioning. Therefore, it is always advisable to consult with an attorney before making any decisions regarding your rights.

For immediate attention, please call William M. Butler Jr. at (502) 237-0871, or contact him via email to schedule your initial confidential consultation. For more information, please see his Case Results and Testimonials.

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