Criminal Defense Lawyers

Fifth Amendment

FIFTH AMENDMENT DEFENSE LAWYERS

Have you ever wondered what happens when you choose to remain silent? This is your constitutional right, and it’s something we often recommend excercising in situations where you’re being accused of committing a crime.

It’s not just a phrase from TV police dramas, or fantasy movies.
It’s your constitutional right.

AT SPODEK LAW GROUP, we believe the Fifth Amendment can be your strongest shield. We have the experience, we have the knowledge, and we have the passion to protect your rights. We are dedicated to helping you protect it, excercise it.

WHY DOES THE FIFTH AMENDMENT MATTER?

In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court cemented your right to remain silent during custodial interrogations. The Fifth Amendment of the U.S. Constitution guards you from self-incrimination, meaning you do not have to provide testimony that could hurt your case. This is one of the best ways to prevent accidentally helping the prosecutors get evidence. Many people don’t realize – anything you say can, and will, be used against you.

Think about this:
If you say too much, you risk giving prosecutors an opening to charge you with criminal offenses, or enhance existing charges. If you say nothing at the wrong time, you might miss an opportunity to clarify your situation.

UNDERSTANDING CRIMES AND PENALTIES

Criminal cases where Fifth Amendment issues arise often include:

• White collar crimes (fraud, embezzlement, conspiracy)
• Drug trafficking (federal distribution, interstate conspiracies)
• Violent crimes (assault, robbery, murder)
• Public corruption (bribery, kickbacks)

Depending on the charges, you could face:

• Long prison sentences: Felony convictions can lead to decades behind bars.
• Heavy fines: Courts may impose fines reaching hundreds of thousands—or even millions—of dollars.
• Restitution orders: You might have to repay alleged victims, often with interest.
• Probation or parole: Strict supervision by the court system, limiting your travel and activities.

The stakes are high.
We get it. We are dedicated to helping you through this delicate time.

CASE EXAMPLE
“Defendant Invokes Fifth Amendment in Major Federal Investigation.”
This single line can change the entire complexion of a trial—because once you properly invoke your Fifth Amendment rights, prosecutors must rely on other forms of evidence to prove their case. They cannot use you, to build a case.

COMMON PENALTIES FOR REFUSING TO COOPERATE
Invoking the Fifth can protect you, but refusing to testify under a subpoena (in certain civil or grand jury settings) might lead to contempt of court or other sanctions.

In Salinas v. Texas, 570 U.S. 178 (2013), the Supreme Court clarified that remaining silent before you’re officially in custody does not always protect you.

That means you have to assert your Fifth Amendment rights explicitly and timely.

REGARDLESS of the crime,
REGARDLESS of the evidence,
REGARDLESS of your history,
we believe in using every constitutional safeguard available.
YOU HAVE RIGHTS and WE CAN HELP YOU DEFEND THEM.

STRATEGIES WE USE TO DEFEND YOUR FIFTH AMENDMENT RIGHTS

1. Proactive Assertion:
   We guide you to affirmatively assert your right against self-incrimination at the correct time—so no court can argue you waived it.
2. Negotiation with Prosecutors:
   Sometimes, the best defense is forging a deal that keeps you out of the witness chair and secures immunity in exchange for limited cooperation.
3. Challenging Improper Evidence:
   If law enforcement or prosecutors gathered evidence illegally—violating the Fifth Amendment—we fight to have that evidence excluded.
4. Motion to Dismiss:
   If the government’s entire case hinges on forced or coerced statements, we can move to dismiss charges altogether.
5. Ensuring Your Miranda Rights Were Respected:
   Miranda v. Arizona requires law enforcement to read you your rights. If they failed, we can argue any obtained statements are inadmissible.

EXPERIENCED. DEDICATED. RELENTLESS.

At Spodek Law Group, our team of attorneys has handled countless federal and state cases where invoking the Fifth Amendment was critical.
We don’t flinch when the government turns up the heat. We stand by you from the first interview to the final verdict.

HOW OUR DEFENSE PROCESS WORKS

1. Case Evaluation
   You meet with our attorneys and share every detail of your situation. We listen—and we strategize.
   Step 1 matters. If we find that your case involves potential self-incrimination, we plan how to invoke the Fifth effectively.
2. Legal Research & Evidence Review
   We scour every piece of evidence. We look for procedural mistakes by law enforcement—like ignoring your right to remain silent.
3. Assert Your Rights
   When authorities approach you for questioning, we do the talking. If the situation demands it, we clearly state your refusal to self-incriminate under the Fifth Amendment.
4. Negotiation or Trial
   If it’s wise to negotiate, we leverage your Constitutional rights to broker a favorable deal. If the government won’t budge, we gear up for trial and deliver a compelling defense before judge and jury.
5. Outcome & Aftermath
   Our goal? A dismissal. Or, if not that, a dramatically reduced penalty. And if you do go to trial, we fight tooth-and-nail for your acquittal.

CLIENTS NATIONWIDE CHOOSE US

Why?
Because when it comes to the Fifth Amendment, silence can be golden. It can be your shield if used properly.
But only if you know how to use it. That’s why we work to help you excercise it.

“Federal Court Overturns Conviction After Fifth Amendment Violation.”
We’ve seen cases where prosecutors overreach. We step in—filing appeals, challenging convictions, and highlighting those government overreaches.

STEP-BY-STEP: WHAT SHOULD YOU DO IF YOU’RE UNDER INVESTIGATION?

1. Stay Calm
   Panicking might make you say something regrettable.
2. Contact a Lawyer Immediately
   Don’t wait until you’ve answered questions—speak to us first.
3. Invoke Your Fifth
   Politely, but firmly, refuse to make statements until you have legal counsel present.
4. Document Everything
   Keep track of who’s questioning you, what was said, and how you responded.
5. Build a Defense
   We’ll outline your options, from requesting immunity to seeking dismissal of charges.

SPODEK LAW GROUP: HERE TO PROTECT YOU

We’re not afraid to call out prosecutors or the government. You have rights, and we will defend them.
We’re not afraid to go toe-to-toe with the federal government and push back to defend you.
We’re not afraid to fight for your Fifth Amendment rights. You are entitled to them.

CALL NOW FOR A RISK-FREE CONSULTATION

Have questions about the Fifth Amendment?
Unsure if your statements can be used against you?
Talk to us.