April 8, 2015

The 5th and 6th Amendments: Know Your Rights

Written by Erb Legal LLC

Category: Criminal Defense

A surprising number of Wadsworth, Medina, and Northern Ohio residents unnecessarily volunteer information to law enforcement officials which comes back to bite them in court. Even more make the mistake of foregoing the assistance of an attorney when their freedom is at stake during criminal court proceedings in Medina County and throughout Ohio.

From the very founding of our country, Americans have held tight to the idea that everyone is entitled to certain rights, especially when they stand accused of a crime. The Fifth and Sixth Amendments to the U.S. Constitution deal with your rights to counsel and interrogation should you find yourself on the wrong end of the law – justly or otherwise. If you are taken into custody or interrogated in Medina County, it’s critical that you understand your Constitutional rights to counsel.

Most of us are familiar with our Miranda rights – we have the right to remain silent and the right to have an attorney present during any and all questioning by government authorities. Most of us are also keenly aware of the fact that the police, DA, investigators and others in authority will absolutely use anything we say against us if they’re able to.

If you’re being interrogated by an officer of the law, the first thing you should do is ask for an attorney and invoke your right to silence. You don’t have to answer anything – especially if it could incriminate you. Police officers are trained to use seemingly innocuous questions to elicit an admission of guilt. Don’t get sucked into it. Insist that your Fifth and Sixth Amendment rights are honored.

Just like the Fifth Amendment protects you while you are taken into custody or questioned, the Sixth Amendment guarantees you the right to receive legal counsel after you formally stand accused of a crime in Medina, Wadsworth, or elsewhere in Ohio and throughout the country. Under the Sixth Amendment, you have a right to have your attorney present any time:

  • You are interrogated after an indictment (the Fifth Amendment guarantees you this right before an indictment).
  • You are arraigned.
  • You are approached regarding plea bargaining.
  • You enter a plea.

Don’t face the legal system alone. You have the right to legal representation in Medina County, Wadsworth and throughout Ohio. Whether you or someone you care about has just been taken into custody or has already been charged with a crime, call the Law Office of Erb Legal LLC. Thomas Erb Jr. will fight to ensure that your rights are protected and you receive the best outcome possible in your situation.

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