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EPISODE · Mar 20, 2026 · 18 MIN

5th Amendment Rights

from Not Guilty, A Law Podcast · host Armondo

We hear it in movies and on TV all the times. "you have the right to remain silent anything you say will be used against you"Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and do not have to answer questions from law enforcement, whether or not you are under arrest. To invoke this right, you must state clearly that you are exercising it, rather than just staying silent.  Attorney John Calcagni discusses this topic in great detail. https://www.calcagnilaw.com/John L. Calcagni, III, is a prominent Rhode Island criminal defense attorney with extensive experience as a former military prosecutor (JAG Corps) and Special Assistant U.S. Attorney, specializing in federal, state, and military cases, including violent crimes, drug offenses, sex crimes, and white-collar cases, leveraging his prosecution background for defense in state and federal courts. He holds a Juris Doctor from Roger Williams University Law School, is admitted to practice in multiple states and federal courts, including the U.S. Supreme Court, and is recognized as a SuperLawyer. 

Episode metadata supplied by the publisher feed · Published Mar 20, 2026

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We hear it in movies and on TV all the times. "you have the right to remain silent anything you say will be used against you" Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and do not have to answer questions from law enforcement, whether or not you are under arrest. To invoke this right, you must state clearly that you are exercising it, rather than just staying silent. Attorney John Calcagni discusses this topic in great detail. https:/...

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5th Amendment Rights

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