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Articles Posted in fifth amendment

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What Are My Fifth Amendment Rights?

What Are My Fifth Amendment Rights? One of the unique things about living in the United States is the U.S. Constitution. As U.S. citizens, we have many rights that are part of our lives. The Fifth Amendment to the U.S. Constitution are rights that apply to everyone. These rights apply…

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Is Self Defense a Valid Defense of a Crime?

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”   A violent incident can happen in a second. When a confrontation occurs, it can result in one or the other party suffering severe injuries or…

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What does it mean to plead the Fifth?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   You’ve heard it a million times before, someone who may be in a bit of hot water says they’re going to “plead the Fifth”. It’s happened most recently with…

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Double Jeopardy: Feds and State Can Still Both Charge You for Same Conduct

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   When the Utah jury acquitted a man named Roberto Román of first-degree murder of an officer of the peace, Román and his attorney breathed sighs of relief. Román was still convicted of two…

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Your Fingerprints Can’t Plead the Fifth, Federal Court Says

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since…

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