Fifth Amendment Attorney - Utah Criminal Defense
The Fifth Amendment to the United States Constitution guarantees each
person the privilege against self incrimination. This privilege
(sometimes referred to as the "right to remain silent") can be one of
the most important rights in Utah criminal cases. This privilege
applies both during the investigation stage of the case and at trial. A
violation of these rights can form the basis of a
motion to
suppress evidence, and may in some cases result in a complete
dismissal of charges.
As an
experienced Utah
criminal
attorney, Stephen Howard can help you understand how your
Fifth Amendment rights may affect your case. If you are facing
felony or
misdemeanor
criminal charges in Utah,
contact
us today for an initial consultation. Based in Salt Lake
City, Stephen Howard offers legal services to clients throughout Utah.
Privilege Against Self-Incrimination - Right to Remain Silent

On
television, when a person is arrested, the police read the
Miranda warnings. "You have the right to remain silent.
Anything you say can and will be used against you. . . ."
Decades of police television shows have created the belief that police
are required to read the Miranda warnings immediately upon arrest, and
that failure to do so can mean that the case must be dismissed.
The Miranda warnings are real. But they don't
always work the way television portrays them.
The Fifth Amendment guarantees the privilege against
self-incrimination. That means that police cannot force you to talk to
them, and a judge can't force you to testify in your own criminal case.
In order to protect those rights, the United States Supreme
Court has set forth the Miranda warnings, which must be given anytime
police are going to interrogate or question a person who is in custody.
It sounds simple enough, but it gets complicated very quickly.
There is a substantial body of case law that has developed
just around the question of whether a person is in custody.
Is being handcuffed enough? What about being
handcuffed in a police car? When exactly is the person taken
into "custody." Is it when the officer forms the intent to take the
person into custody? Or is it when the person being arrested realizes
that he is under arrest?
There are also gray areas relating to the issue of what constitutes
"questioning" by police? What about a person who invokes
their Miranda rights, and later starts to talk to police. After a
person invokes their Miranda rights, can the police come back later and
ask if he has changed his mind? These are just a few examples
of questions that have been hotly debated and argued in the courts over
exactly how much protection the Fifth Amendment gives.
The Fifth Amendment Miranda Rights and Motions to Suppress
A violation of a defendant's Fifth Amendment rights does not
automatically guarantee a dismissal of the criminal case. In evaluating
how a Miranda violation may affect the case, it is critical to consider
what evidence the police obtained as a result of that violation. Both
the incriminating statements made by the defendant as well as other
evidence obtained based on those statements (the "fruit of the
poisonous tree") can be suppressed if a court determines that the
statements and other evidence were the result of constitutional
violations committed by police.
In order to put this issue before the court for consideration, an
appropriate motion to suppress must be filed. When a suppression motion
is filed, the court will typically schedule an evidentiary hearing
where each side (the prosecution and the defense) may present
testimony, witnesses, or other evidence showing whether or not the
police committed a violation of the defendant's Fifth Amendment Rights.
Following the evidentiary hearing on the motion to suppress, the court
will allow each side to present legal arguments in support of its
position. These arguments may be made orally in court, or the judge may
allow each side an opportunity to formally brief the issues (present
written arguments on the issues).
If the court determines that police did in fact violate the defendant's
Fifth Amendment rights, the court must then determine what evidence
should be suppressed. If the suppressed evidence is critical to the
prosecutor's case, then the prosecutor may choose to dismiss the entire
case. If the prosecutor believes that there is still sufficient
evidence to support the charges, without considering the
suppressed evidence, then the prosecutor may choose to go forward with
the case.
Utah's Constitution and the Right to Remain Silent
Article I Section 12 of the Utah Constitution provides that
the accused (the defendant) "shall not be compelled to give evidence
against himself." This right has generally been interpreted as being
consistent with the United States Constitution's Fifth Amendment.
Finding a Utah Criminal Attorney in Salt Lake City

If you are facing Utah criminal charges and have made any statements to
the police, you should consult with an
experienced Utah
criminal defense attorney to determine whether your Fifth
Amendment rights have been violated.
Stephen Howard has defended thousands of Utah criminal cases ranging
from Aggravated Murder to DUI, and just about everything in
between. His record of achieving
real
results for his clients demonstrates clearly the skill he
brings to each case he handles.
Contact us now to see
how Stephen Howard can help with your case.