Articles Tagged with fifth amendment

kristina-flour-185592-copy-300x192Even though a police officer is required to read you your Miranda Rights, that does not mean that you have to speak to the officer arresting you. It is the officer’s job to read you your rights. You then have the right to remain silent. It is the very first right that is read to you when the officers Mirandize you. Today, we will take a look at why you should invoke your fifth amendment rights and remain silent when being arrested for a crime in Chicago.

How can I Invoke My Rights?

Ironically, the best way to invoke your right to remain silent is to speak up and say as much to the police officer arresting you. Some examples of what you could say to the officer include the following:

kristina-flour-185592-copy-300x192In a case of double jeopardy, a Chicago cop pleaded the Fifth at trial involving friend’s shooting at his home.

A police officer recently refused to answer questions regarding a baffling shooting that took place near his house almost seven years ago. The officer, following advice from his counsel, pleaded the fifth in a federal court regarding his integrity and wrongful shooting attempts. Patrick Kelly, a veteran patrolman, declined to give answers to a number of questions on the mysterious shooting and his puzzling record before Judge Harry Lienenweber. The United States District Magistrate dismissed the police officer as a witness during the hearing of the domestic case. Anthony Monaco, the attorney defending Kelly, did not give any reasons as to why his client did not testify.

On the 12th of January, 2010, Kelly and his childhood friend, Michael La Porta, were at Kelly’s home on the South Side. Michael was shot in the back of his head by Kelly’s service gun. They had been drinking heavily that night. According to Chicago police, the shooting was classified as an endeavored suicide. This decision was reached based on Kelly’s account since he was the only one at his place during the incident.