fifth amendment

Avvo Interviews Corso Law Group Founder on Martin Shkreli Case

Martin Shkreli is one of the most talked about men in America right now. In his recent appearance before a congressional committee, Shrekli pleaded the fifth when asked questions about highly increased drug prices.

Christopher Corso, founder of Corso Law Group weighed in on the national controversy and if Martin Shkreli had the right to plead the Fifth in such a serious case.

Does the Fifth Amendment even apply in this situation?

The Fifth Amendment to the Constitution protects citizens from self-incrimination, stating that no person “shall be compelled in any criminal case to be a witness against himself.” As Shrkeli’s hearing was not a matter of criminal inquiry, was his taking the Fifth an appropriate response?

“[The Fifth Amendment] covers any statement that would tend to give rise to criminal liability on the speaker’s part,” says criminal defense lawyer Christopher Corso, founder of Corso Law Group. “Mr. Shkreli fully had the right to plead the Fifth.” The hearing was more about the ethical than the criminal implications of Shkreli’s actions, but Corso says it comes down to who’s making the determination about what was and was not legal.

“Until you’re with attorneys, you may be [unwittingly] adding information,” cautions Corso, “Answers that may perhaps—even in a miniscule way—open yourself up to criminal liability is a problem. Therefore, he is able to plead the Fifth.”

Did Congress intentionally try to make Shkreli look bad?

Bottom line: No matter what you think of Shkreli, he was not improperly invoking his constitutional rights. “As somebody that advocates for the constitution,” says Corso, “I would say no, the 5th Amendment was not abused.”

Read the full article here: http://stories.avvo.com/rights/did-martin-shkreli-have-the-right-to-plead-the-fifth.html

Three Things to Know If You’re Pulled Over by the Police

The recent news concerning Sandra Bland, who died while in police custody in Texas, and other police altercations has led many Americans to wonder what legal rights they possess when being stopped by an officer.

Was Ms. Bland obeying the law or breaking the law? Were the officer’s actions legal or was he using unnecessary force?

As we await the final outcome of this case, it’s critical that Americans are properly informed about their rights when being stopped by an officer.

You’re protected by the Fifth Amendment: Legally, you can’t be punished for refusing to answer a question.

While most of us understand the general meaning of the Fifth Amendment (the right to remain silent), this still remains a question on many civilians’ minds. Typically, the appropriate and safest thing to do is to respond politely to an officer’s questions without excessive description.

However, if you feel uncomfortable revealing specific information, know that you’re legally protected by the Constitution.

After given your ticket or warning, you’re free to leave.

After you’re given your ticket or warning and if the situation has not resulted in a more severe consequence, you are technically and constitutionally allowed to leave. If the conversation or investigation (which is lawful on the officer’s part) begins afterward, the situation has now progressed into a separate occurrence.

You can video record police (sometimes)

Depending upon the state and situation, this is completely legal. Some states have laws that prevent people from recording others without their consent and if your video is obstructing an investigation, you can be arrested. Otherwise, the ability to record police officers has led to some of the most widespread cases across the country including video of a North Charleston, S.C. shooting and police officers responding to a pool party in Texas.

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