Georgia Self Incrimination
If you are a fan of courtroom shows on television, you have probably seen a defendant on the stand who “pleads the fifth.” Our Fifth Amendment to the Constitution protects you from being forced to make statements that can be used as evidence to incriminate you.
The right to refuse to answer self-incriminating questions is important. This is most important at a trial – the defendant is not forced to take the witness stand to testify against him or herself. However, if the defendant does decide to testify, protection by the Fifth Amendment is waived and the defendant must answer all of the questions that are asked.
Please note that the Fifth Amendment protection does not apply in the case of physical evidence, such as a DNA test or fingerprints.
If a driver is placed under arrest for driving under the influence, the officer will read him or her the Miranda Warning. This warning advises an individual that he or she does not have to make any self-incriminating statements.
The warning states that the driver has the right to remain silent and that anything the driver says can and will be used against him or her in a court of law. It also says that the driver has the right to an attorney, and if he or she cannot afford an attorney, one will be appointed in his or her behalf.
It is important to know that in Georgia, any statements that you make following your arrest but before your Miranda Rights are read are inadmissible in a court of law. This also includes any actions you make. For example, if you are arrested and then asked to take a field sobriety test before hearing your Miranda Rights, test results cannot be used as evidence in court.
If you have recently been arrested for driving under the influence in Atlanta, you should contact attorney Frank Gomez who is experienced with DUI defense as soon as possible. He will protect your rights and ensure that you do not incriminate yourself.
Fill out our online form right now to discuss your DUI case with attorney Frank Gomez in the Atlanta area.
