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taking the fifth Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "taking the fifth"

Lawyer Up! Invoke Your Right To Remain Silent (by DaytonDUI)

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.  At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify.  Whether to testify or not is exclusively the privilege of the defendant. Harris v. N.Y., 401 U.S. 222,225 (1971).  Outside the context of detention or arrest, a person has no duty to answer any questions of police at all; and if judicial compulsion is sought by the State, the person still can invoke his Fifth Amendment...

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