DUI, PROBATION, and the 5TH AMENDMENT

[ledbetter4284]

undefinedWhat is the name of your state? Maryland

During a monthly probation visit, I mentioned for some reason that on my 21st birthday I drank 3 beers. She then proceeded to violate me and I soon have to appear in court. I am up to date on my payments, have completed all classes and programs. Her only reason for violation is my admission. Does the 5th Amendment and the freedom from self incrimination apply to this at all?

[Curt581]

Originally Posted by ledbetter4284

During a monthly probation visit, I mentioned for some reason that on my 21st birthday I drank 3 beers. She then proceeded to violate me and I soon have to appear in court. I am up to date on my payments, have completed all classes and programs. Her only reason for violation is my admission. Does the 5th Amendment and the freedom from self incrimination apply to this at all?

1. The 5th Amendment and self incrimination apply to interogatory questioning regarding criminal charges. You aren't being charged with a new crime, your case is over. You were placed on probation as a result of a conviction. You violated the terms of probation, hence the probation officer or the court make you serve the sentence originally imposed. The 5th Amendment does not apply.

2. Even if there were a new charge, the 5th Amendment does not protect you from your own unsolicited or spontaneous statements.