The Fifth Amendment establishes the prohibition against self-incrimination. This is your Right to Remain Silent!

The Fifth Amendment means that you cannot be required to testify against yourself under any circumstances. You have the right to refuse to answer questions by law enforcement officers or other government agents when you are arrested and taken into custody; before a grand jury; and at trial. Moreover, if you choose to remain silent, your silence cannot be used against you as evidence of guilt.

The Fifth Amendment requires a grand jury indictment in capital and federal felony cases.

The Fifth Amendment prohibits “double jeopardy,” which means that you cannot be prosecuted more than once for the same offense.

Lastly, the Fifth Amendment guarantees you the right to due process of law. This means the government must play by the rules and honor your rights under the law. You may not have your live, your liberty, or your property taken from you without due process of law. The due process of law is a broad right that comes into play at all stages of a criminal case.