5th Amendment Rights? Should I Talk to Police?

Everyone knows what police say after an arrest for criminal charges. You have the right to remain silent. Think to yourself, what’s the next line?

Everything you say can and will be used against you. You have the right to an attorney. If you cannot afford a lawyer, one will be appointed to you by the court.

Miranda Rights, as they have come to be known, were frankly never intended as a legal loophole to avoid a conviction of criminal charges.

Instead, the purpose and intent of Supreme Court was to educate people about their Constitutional Rights. That has been achieved.

Failure to provide an advisement of constitutional rights may result in a dismissal of charges. It’s by no means automatic.

The legal consequence of noncompliance with the 5th Amendment normally relates to the suppression of evidence, not necessarily getting your charges dismissed.

“Everyone knows their rights. Few people exercise them. The point is, you should remain silent.”

– John Fanney, Raleigh Criminal Defense

You never have to explain something you didn’t say.

There are legal defenses to criminal charges in North Carolina involving the Fifth Amendment. Those often relate recorded statements, formal interrogations, and a Motion to Suppress.

First-and-foremost know this: If you have the right to remain silent, exercise your constitutional rights.

How to choose a Lawyer

Remain silent. Say nothing, other than to politely ask to speak with an attorney.

Then call Raleigh Criminal Defense Lawyer John Fanney at (919) 617-7009.

Some attorneys charge hourly rates and require a True Retainer prior to answering questions. That is often true with legal matters involving divorce, family law, and child support issues in Raleigh.

The defense attorneys at our law firm, the Fanney Law Office PLLC, charge flat rates for criminal charges. We do NOT charge for legal consultations relating to felony or misdemeanor charges, DWI charges (DUI arrest), traffic tickets and domestic violence restraining orders.

That’s what we mean by a free consultation. It costs nothing to call our defense lawyers, ask questions, and get information about your legal options.

We’ll sit down and talk with you, answer questions, and provide information about how the criminal justice system works in Wake County, North Carolina. If you’re calling for a loved one, we can make arrangements to conduct an attorney visit at the jail.

As such, it doesn’t cost anything to call a lawyer for criminal allegations and get basic information. If we’re able to help, we’ll let you know how much legal representation costs.

Legal fees depend upon the nature and extent of criminal charges. Defense lawyers take into consideration things like:

• Anticipated court appearances
• Complexity and Severity of the Criminal Charges
• Relative amount of training, experience of the attorney
• Board Certification as a Criminal Defense Law Specialist

Felony charges, given the possible long-term consequences, may involve structured legal fees.

What is an Indictment?

For example, we may charge one fee for a Bond Hearing or Probable Cause Hearing and something else for pretrial motions, a Motion to Suppress, and a Jury Trial.

We want to make sure you can afford our legal services.

“A lot depends on the severity of the charges, prior record, and the amount of time necessary for legal representation.”

– John Fanney, Wake County Criminal Defense

Sometimes people think they can talk their way out of a DWI arrest in Raleigh. Part of that may be related to drinking itself and not being entirely clear-minded.

If a police officer is asking about the consumption of alcohol, chances are they’re already suspicious. Questioning is part of building a case against you.

We call that Reasonable Suspicion.

Miranda Rights may not apply at that point of time. Without a formal arrest or “seizure,” 5th Amendment Rights may not help you.

That's different than Probable Cause to arrest. Even after you’re handcuffed and placed in the back of a patrol vehicle, things you say without being asked questions may still be admissible in court.

The key is whether police officers ask you inculpatory statements. Defense lawyers may refer to that as a custodial interrogation.

You have the Right to Remain Silent, even on the scene with DWI charges in Raleigh. That does not necessarily mean you’ll be able to drive away.

Police Officers may still arrest you, if they determine you’re appreciably impaired. It’s still a good idea to remain silent and ask for a lawyer.

And contrary to what you may have heard, you are NOT required to provide a breath sample on a handheld AlcoSensor device. You also are NOT required to perform field sobriety tests or SFST.

That’s different than evidentiary blood testing or breath tests on an EC/IR II Intoximeter.

If you’re given the opportunity, call John Fanney immediately. You may also reach him by email at John@FanneyLaw.com