Legal Question in Constitutional Law in Florida
Fifth Amendment Rights At Booking, Etc.
1. Can an individual invoke his Fifth Amendment rights to not be compelled to be a witness against himself in a criminal matter and his right to counsel, if he is asked questions during booking, the answers to which might tend to incriminate him (or lead to other questions the answers to which could incriminate him) ?
2. Can an individual take the 5th and decline to answer questions posed by a pretrial services officer who seeks to determine whether and on what conditions to release him from custody, if that individual has reasonable cause to belief that his answers could be used against him in a criminal matter, including but not limited to a bail or detention hearing ?
3. Can an individual take the 5th and decline to answer questions posed by a probation officer or presentence investigator, if that individual has a reasonable fear that his answers could be used against him in a criminal matter, including but not limited to any kind of sentencing proceeding ?
4. Finally, can an individual take the 5th and decline to answer questions concerning his identity, if he has a reasonable fear that his answers could be used against him in any criminal matter, including an ''identity hearing'' ?
Thank you.
3 Answers from Attorneys
Re: Fifth Amendment Rights At Booking, Etc.
One may always claim a 5th Amendment privilege against self-incrimination with respect to anything and as to anyone. The only exception is having been granted immunity, one may then be compelled to testify; but not otherwise. Providing identification is not protected by the Miranda requirements, and must usually be presented upon proper demand under state or federal law.
Re: Fifth Amendment Rights At Booking, Etc.
1. Yes, though he must still answer routine questions about his identity, address, etc.
2. Yes. The pretrial services officer will then presume that the answers would have been very bad for the defendant, and the defendant will likely be denied O.R. release and given a high bail figure.
3. Yes. Once again, his non-responses will be treated as if they were very unfavorable answers.
4. No. There may be some circumstances which would justify a refusal to answer such questions, but they would have to be quite extraordinary.
Re: Fifth Amendment Rights At Booking, Etc.
You may want to pick up a copy of the Criminal Law Handbook (2004) by Nolo Press. It tells you exactly what goes on and what your legal rights are in a criminal case. It is from the leading publisher of self help law books and is written in plain english without all the legalease. It would be an excellent addtion to your personal library. You can pick up a copy of the book from my site here:
http://www.affordablelegalsolutions.com/Criminal_law.htm
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