In Denver and Jefferson County Courts, you have a right to remain silent, if what you say can lead to additional criminal charges, a criminal conviction or other legal consequences. This “right” is known as your Fifth Amendment Right to Remain Silent, or Privilege Against Self-Incrimination. If men and women did not have a 5th Amendment Right to Remain Silent, they could be called as a witness against themselves (i.e. they could self-incriminate).
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Fifth Amendment Right in Douglas County Courts and Adams County Courts: Privilege Against Self-Incrimination
Applying your Fifth Amendment rights occurs under many circumstances, before and after the conviction of a crime in Adams County and Douglas County. Some examples of applying your 5th Amendment Right to Remain Silent can include:
- When your testimony could lead to criminal prosecution, by admitting to committing a crime;
- When you are being questioned about previous criminal offenses during a polygraph exam for sex offender treatment, and anything you admit to can lead to a new criminal conviction or the loss of good standing in sex offender treatment / SOISP (Sex Offender Intensive Supervised Probation);
- When you are under subpoena, testifying in court, and your testimony in court is different than previous testimonies or statements given to police;
- When you give information to a probation officer inquiring about what you did at a specific time, and any information you give could result in having your probation revoked or being convicted of another crime.
Remember, you are never required to speak about matters which could get you into more trouble with the law. If you choose to testify, sometimes judges can say you waived the right of self-incrimination, so you should always be cautious when testifying.
Grant of Immunity in Arapahoe County: Exception to 5th Amendment Rights
In some cases in Arapahoe County, the government will consider a grant of immunity. What this means is that you can admit to a crime, but the government cannot prosecute you for that crime. It's important that this immunity is carefully worded, as you do not want to risk police trying to find other evidence against you and prosecuting you with any evidence they find. You need absolute immunity against prosecution.
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If you have more questions about your Fifth Amendment right in Denver, call the best criminal defense lawyers at the O'Malley Law Office at 303-830-0880 to learn more. Together, we can protect your future.Request a Free Consultation
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