Commonwealth v. Rhodes

In a probation revocation proceeding, the defendant was not placed in an “unreasonable” position of lying or being punished for his silence. To rely on the Fifth Amendment rights against self-incrimination, he had to invoke it, which he never did. The terms of probation were not unreasonable, and a defendant may not use the Fifth Amendment as a shield against allegations of dishonesty.

Commonwealth v. Rhodes, No. FE14-393, Sept. 27, 2018. Fairfax (Bellows).

Categories: Opinions, Virginia Circuit Courts

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