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February 2018 Archives

Fifth Amendment protections against self-incrimination

A previous blog post discussed Double Jeopardy clause of the Fifth Amendment, which applies to defendants in criminal proceedings. It protects innocent persons from successive prosecutions and cumulative punishments for the same crime. There are other Fifth Amendment protections for those facing the possibility of criminal conviction, such as the right to a grand jury.

Fifth Amendment protections against self-incrimination

A previous blog post discussed the self-incrimination clause of the Fifth Amendment to the U.S. Constitution. It entitles suspects and defendants to be informed of their rights to remain silent and to have an attorney present during interrogations. The right must be clearly invoked and re-invoked after any breaks in interrogation to be effective in halting all questioning. Defendants' rights against self-incrimination extends to criminal trials as well; they may choose not to testify.

Fifth Amendment protections against self-incrimination

The Fifth Amendment to the U.S Constitution details the rights of the accused. Many people have heard of "pleading the Fifth", which refers to the self-incrimination clause of the Fifth Amendment. In the historic case of Miranda vs. Arizona, the U.S. Supreme Court ruled that upon being taken into police custody and before being questioned, everyone must be informed of their Fifth Amendment rights to remain silent and to have an attorney present during their interrogation.

Can my bankruptcy discharge be revoked?

Mississippians struggling with debt may be able to obtain a fresh financial start by filing for either Chapter 7 or Chapter 13 bankruptcy. Under Chapter 7, debtors must liquidate all non-exempt property to pay off their creditors whereas under Chapter 13, debtors may keep all their property in exchange for using their disposable income to pay off their creditors according to a long-term payment plan. Once the bankruptcy proceedings are complete, the debt is discharged and the debtor is no longer liable for those debts.

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