Legal Question in Constitutional Law in Texas
United States Constitutional law
Is there any circumstance in which an individual could be jailed for invoking their fifth ammendment right to not answer a question?
Asked on 2/16/08, 9:38 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: United States Constitutional law
Merely invoking the right to remain silent is not a basis for putting someone in jail. However, the fact that the person is being questioned in the first place suggests there may be some other basis for locking him up. Invoking the Fifth Amendment will not insulate him from being jailed if there is adequate reason to jail him independent of his decision not to answer police questions.
Answered on 2/18/08, 5:39 pm
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