Fifth Amendment and Probation

When a person is released on probation they often have to answer to a parole or probation officers. When being questioned a person may exercise their Fifth Amendment right to refuse to answer. They may also waive their right. A probation officer may revoke a person’s release without prior warning.

Resort to Defense Lawyers in Los Angeles

Defense Lawyers in Los Angeles may be able to help. If the revocation process has not yet begun they can attempt to make a deal with the probation offer that the defendant will answer their questions. The defense must advise their client about making false statements as they can get in more trouble.

If the revocation process was started the lawyer may bring up the following points:

  • What was the defendant being asked to answer
  • How comprehensive of an answer is required
  • What if anything did the defendant say
  • What was said to the defendant or were they threatened

Defense lawyers in Los Angeles will have to look at each case and look at what else the defendant is being accused of. If they did not cooperate with the terms or their release or lied to an officer there is not too much they can do. Court are often uncomfortable for revoking bailed when a person uses their Fifth Amendment rights.

Click here for reliable legal information to help your case.