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Your Right to Remain Silent – Criminal Defense Lawyers Explain the Fifth Amendment

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If you’re facing charges, you have the right to remain silent. Use it, criminal defense attorneys insist.Your Right to Remain Silent – Criminal Defense Lawyers Explain the Fifth Amendment

You’ve heard it a million times on TV cop shows: “You have the right to remain silent.” But do you really know what those words mean? Criminal defense attorneys with Gainesville’s Law Offices of Edwards & Jones Criminal Defense offer a few tips in case you’re ever on the receiving end of that phrase.

The Fifth Amendment to the U.S. Constitution reads:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The Fifth Amendment was drafted to help protect American citizens’ privacy and places the burden to build a legal case against an individual on the accuser. But it doesn’t mean exactly what many think it does. For instance, it does not say explicitly that you, if arrested or charged with a crime, have the right to remain silent. Instead, it means simply that you cannot be compelled to be a witness against yourself or reveal any information that might implicate you in a crime.

Criminal attorneys insist that you make full use of your right to remain silent, even if – especially if – you have absolutely nothing to hide. Innocent people often trip themselves up, believing that if they simply tell their story to law enforcement officials, everything will be cleared up and they’ll soon be on their way. But talking simply raises your risk for entrapment. One reason is that innocent people often overestimate or underestimate facts in their vigorous explanations. Any minor misstatement makes a testimony technically untrue and you can bet that an opposing attorney will use it to cast doubt on your story.

Another reason to keep quiet is that cops, too, are only human. Any police officer can make an honest mistake when recounting your words. If it comes down to a he said-he said between you and a respected law enforcement official, no doubt the cop will win.

Your best bet is to never talk with a police officer or any government agent without an attorney representing you. The Law Offices of Edwards & Jones Criminal Defense focuses solely on criminal defense law. If you are facing criminal charges of any sort, contact us at (352) 329-3632.

Categories: 
  • Acquitted at Trial Felony Battery

    Felony

    Case Style: State of Florida vs. K.S.J.
    Case No. 01-2020-CF-3566-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): Felony Battery – F.S. 784.03; Acquitted at trial of all charges

  • Acquitted at Trial Battery on a Person over 65 years of age

    Felony

    Case Style: State of Florida vs. M. J. F.
    Case No. 21-2022-CF-0044-A
    Court: Gilchrist County – Eighth Judicial Circuit

    Charges (including disposition of the case): Battery on a Person over 65 years of age – F.S. 784.08; Acquitted of all charges

  • Acquitted at Trial Trafficking in Methamphetamine

    Felony

    Case Style: State of Florida vs. C.R.B.
    Case No. DI-2021-CF-152-A
    Court: Suwannee County – Third Judicial Circuit

    Charges (including disposition of the case): Trafficking in Methamphetamine – F.S. 893.135(1)(F), Manufacturing Methamphetamine – F.S.893.13; Acquitted at trial of all charges

  • Acquitted at Trial DUI

    Criminal Traffic

    Case Style: State of Florida vs. C.E.L.
    Case No. 01-2022-CT-1419-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): DUI – F.S. 316.193; Acquitted at trial of all charges

  • Acquitted at Trial Robbery

    Felony

    Case Style: State of Florida vs. E.C.G.
    Case No. 01-2022-CF-47-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): Robbery – F.S. 812.13(1)(c); Acquitted of Robbery, convicted of lesser included offense of theft.

  • Sentenced Probation Possession Of Weapon By Conv. Felon
    Felony

    Case Style: State of Florida vs. I.P.
    Case No.: 2019-CF-0011
    Court: Lafayette County - Third Judicial Circuit

    Charges: Possession Of Weapon By Conv Felon - F.S. 790.23 - State Waived Mandatory Minimum Prison Sentence. Client Sentenced to Probation

  • Acquitted at Trial Possession of Cocaine
    Felony

    Case Style: State of Florida vs. J. J.
    Case No.: 2018-CF-3236
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession Of Cocaine - F.S. 893.13(6)(A) 01 - Acquitted at Trial

  • Withhold Of Guilt and Probation Lewd And Lascivious Battery On A Person Under 16
    Felony

    Case Style: State of Florida vs. T.P.
    Case No.: 2019-CF-0720
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Lewd And Lascivious Battery On A Person Under 16. Entered A Plea To Agg Assault W/ Intent To Commit Felony - F.S. 784.021(1)(B)- Withhold Of Guilt and Probation.

  • Charges Dismissed Burglary With Assault Or Battery
    Felony

    Case Style: State of Florida vs. P.R.
    Case No.: 2018-CF-3236
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Burglary With Assault Or Battery - F.S. 810.02(2)(A)- No Information. Charges Dismissed

  • Charges Reduced To Misdemeanor Battery
    Misdemeanor

    Case Style: State of Florida vs. F.S.
    Case No.: 2019-MM-0047
    Court: Gilchrist County - Eighth Judicial Circuit

    Charges: Battery - F.S. 784.03- Charges Reduced To Misdemeanor

  • Escape Charge Dismissed DUI & Escape
    Misdemeanor

    Case Style: State of Florida vs. K.S.
    Case No.: 2019-CT-0423
    Court: Alachua County - Eighth Judicial Circuit

    Charges: DUI & ESCAPE - F.S. 316.193(1) 04 - Escape Charge Dismissed

  • Charges Dismissed Homicide
    Felony

    Case Style: State of Florida vs. D.F.
    Case No.: 2018-CF-2799
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Homicide - F.S. 782.04(1)(A)(1) - No Information. Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. K.S.
    Case No.: 01-2018-CF-0917-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(4)(b) - No Information, Charges Dismissed

  • Charges Dismissed Domestic Battery by Strangulation
    Felony

    Case Style: State of Florida vs. T.Y.
    Case No.: 63-2018-CF-0035-A
    Court: Union County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Domestic Battery by Strangulation - F.S. 784.041 - No Information, Charges Dismissed, Aggravated Battery - F.S. 784.045(1)(a)(1) - No Information, Charges Dismissed

  • Charges Dismissed Attempted Murder First Degree Premeditated

    Felony

    Case Style: State of Florida vs. C.F.
    Case No.: 01-2018-CF-2192-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Attempted Murder First Degree Premeditated - F.S. 782.04(1)(a) - No Information, Charges Dismissed, Battery: Touch or Strike - F.S. 784.03(1)(a) - No Information, Charges Dismissed, Cruelty Toward Child: Abuse Without Great Bodily Harm - F.S. 827.03(2)(c) - No Information, Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. D.B.
    Case No.: 42-2018-CF-3375-A
    Court: Marion County - Fifth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(4)(b) - No Information, Charges Dismissed

  • Charges Dismissed Lewd or Lascivious Molestation
    Felony

    Case Style: State of Florida vs. S. W.
    Case No.: 01-2018-CF-1591-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Lewd or Lascivious Molestation - F.S. 800.04 - No Information, Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. W. R.
    Case No.: 42-2018-CF-4809-A
    Court: Marion County - Fifth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(8)(b) - No Information, Charges Dismissed

  • Charges Dismissed Domestic Battery
    Misdemeanor

    Case Style: State of Florida vs. R.G.
    Case No.: 01-2018-MM-664
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Domestic Battery - F.S 741.28 - No Information, Charges Dismissed

  • Charges Dismissed Assault
    Felony

    Case Style: State of Florida vs. T. H.
    Case No.: 2018-0618-CF
    Court: Putnam County - Seventh Judicial Circuit

    Charges (including the disposition of the case): Armed Trespassing - F.S 810.08(c), Assault - F.S 784.011 - No Information, Charges Dismissed

  • Charges Dismissed Grand Theft
    Felony

    Case Style: State of Florida vs. H.K.
    Case No.: 01-2017-CF-3318
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Grand Theft -F.S. 812.014(c), Nolle Prosequi, Charges Dismissed

  • Charges Dismissed First Degree Murder While Armed
    Felony

    Case Style: State of Florida vs. M.T.
    Case No.: 2015-426-CF-B
    Court: Taylor County - Third Judicial Circuit

    Charges (including the disposition of the case): First Degree Murder While Armed F.S.- 782.04(1)(a), Battery By Detainee F.S. 784.03 - Nolle Prosequi, Charges Dismissed

  • Charges Dismissed Battery on a Person over the 65 Years old
    Felony

    Case Style: State of Florida v S.S.
    Case No.: 2017-6661-CF
    Court: Columbia County - Third Judicial Circuit

    Charges: Battery on a Person over the 65 Years old F.S. 784.08(2)(c) - No Information, Charges Dismissed

  • Charges dropped Possession of Cocaine
    Felony

    Case Style: State of Florida v N.L.
    Case No: 2017-CF-544-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession of Cocaine - F.S. 893.13(6)(a), Possession of Narcotic Paraphernalia - F.S. 893.145 - Reduced to Misdemeanor Court, Entered into Pre-Trial Diversion and charges dropped.

  • Charges Dismissed Robbery
    Felony

    Case Style: State of Florida v R.B.
    Case No.: 2017-CF-165-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Robbery: 812.13(2)(c) - No Information, Charges Dismissed

  • Acquitted at Trial Robbery: Sexual Battery By a Person in Familial or Custodial Authority
    Felony

    Case Style: State of Florida v W.P.
    Case No.: 2016-CF-570
    Court: Marion County - Fifth Judicial Circuit

    Charges: Robbery: Sexual Battery By a Person in Familial or Custodial Authority - F.S. 794.011(8)(b) - Acquitted at Trial

  • Pre Trial Intervention Possession of Cocaine
    Felony

    Case Style: State of Florida vs. C.J.
    Case No.: 2019-CF-0140
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession of Cocaine - F.S. 812.131(2)(B)- Pre Trial Intervention

  • Hung Jury at Trial – Mistrial Conspiracy to Commit Robbery with Firearm
    Jury Trial - Felony

    Case Style: State of Florida vs. C. C.
    Case No.: 01-2011-CF-1198-B
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Robbery with Firearm – F.S. 812.13(2)(A); Conspiracy to Commit Robbery with Firearm – F.S. 812.13(2)(A); Hung Jury at Trial – Mistrial.

  • Acquitted at trial Aggravated Battery on Pregnant victim

    Jury Trial - Felony

    Case Style: State of Florida vs. J. H.
    Case No.: 01-2010-CF-2255-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Aggravated Battery on Pregnant victim – F.S. 784.045(1)(B) – Acquitted at trial

  • Acquitted at Trial of all charges Three counts of Domestic Battery
    Jury Trial - Misdemeanor

    Case Style: State of Florida vs. A. R.
    Case No.: 01-2009-MM-6725-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Three counts of Domestic Battery – F.S. 784.03(1a1); Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Trafficking in Methamphetamine

    Jury Trial - Felony

    Case Style: State of Florida vs. K. H.
    Case No.: 01-2008-CF-1725-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Trafficking in Methamphetamine – F.S. 893.135(1)(F); Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Battery
    Jury Trial - Misdemeanor

    Case Style: State of Florida vs. W. W.
    Case No.: 01-2007-MM-9791-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Battery – F.S. 784.03; Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Sexual Battery of Child
    Jury Trial - Felony

    Case Style: State of Florida vs. D. R.
    Case No.: 38-2007-CF-744-A
    Court: Levy County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Lewd or Lascivious Molestation of Child > 12 – F.S. 800.04(5b); Sexual Battery of Child > 12 by Custodian – F.S. 794.011(8b) – Acquitted at Trial of all charges.

  • Charges Dismissed Petit Theft
    Misdemeanor

    Case Style: State of Florida vs. C.L
    Case No.: 2019-MM-1908
    Court: Marion County - Fifth Judicial Circuit

    Charges: PETIT THEFT - F.S. 812.014 - Deferred Prosecution Agreement. Charges Dismissed.