Miranda Rights in New Jersey
When someone is accused of committing a criminal offense in New Jersey, they are often not read their Miranda Rights. There are a lot of common misconceptions about these rights, when they should be read, and how they impact your case. If you are facing criminal charges and have questions regarding your Miranda Rights in New Jersey, it is important to consult with an experienced legal team. The Law Office of Carl Spector has over 30 years of experience proudly representing clients through each step of their New Jersey criminal cases. Contact our office today to learn how we can assist you.
Understanding Miranda Rights in New Jersey
In New Jersey, police officers are not actually required to read your Miranda Rights at the time of your arrest. However, Miranda Rights must be read once you are taken into custody and the police want to interrogate you about the crime. Attorney Carl Spector advises clients never to discuss an alleged crime until they have legal counsel at their side. The courts have determined that the police are allowed to use certain techniques while interviewing suspects. These tactics can be used to play on your emotions during stressful situations and can lead you to make incriminating statements. Invoking your Miranda Rights can stop these interrogations in their tracks.
These are your New Jersey Miranda Rights:
- You have the right to remain silent;
- Anything you say can and will be used against you in a court of law;
- You have a right to an attorney;
- If you cannot afford an attorney one will be appointed for you.
When Should I Expect My Miranda Rights?
If the police are not going to interrogate someone who is under arrest, they never have to read you your Miranda rights. Miranda actually protects the person under arrest from an unlawful interrogation, unlawful questioning. This is questioning done by the police while you are under arrest, while you are in their custody, after an interrogation, and after you have been placed under arrest. If there is no interrogation, there is no violation of your Miranda Rights.
Should I Answer The Police Officer’s Questions?
If a police officer pulls you over and asks you for your license and registration, you provide it to them. You are not engaging in a conversation. Then, they start asking you questions such as: Where have you been? Where do you come from? Who are you with? Where are you going?
These questions do not necessarily subject you to Miranda Rights because the law has not deemed you to be placed under arrest yet. You do not have to be in handcuffs to be under arrest. There is a definition of an arrest; which is different from being shackled with handcuffs. However, it is very critical that if Miranda is not read to that person, there could be a very serious issue as to whether or not that person waived their right and gave that information knowingly and lawfully. Sometimes the police do not do it accurately, which can serve as a defense on your behalf.
What if Police Come to Your Door And Ask You Questions? Is That Protected by Miranda?
When your Miranda Rights are protected when the police come to your door all depends on the circumstances. One of the first things they want to do is enter the home. They want to neutralize any threat that might be behind the door that they cannot see. While that might be good for them, it might not be constitutionally permitted. A lot of people simply agree because the police ask, “May we come in?” They allow entry even if they don’t want the police to come in. Then, all of a sudden, the police can see everything that is behind that door, which may be used against you.
Why Choose Carl Spector?
Attorney Spector does not permit clients to make statements to the police unless he knows what it is about. If clients do make a statement, they may get manipulated and wind up saying things that will hurt them. Meanwhile, nobody is under obligation to give incriminating information to the police, at any time. Attorney Spector gets involved early on in a case. He will speak to the officer or detective and let them know we would love to be cooperative. If a client is the target of an investigation, we may or may not make a statement. It all depends on the facts of a case and the liability my client may or may not have. Attorney Spector won’t walk his clients into being charged. If the police do not have enough information already to charge a client, he does not want clients to go the last mile for the police in their investigation. Attorney Spector is here to protect you when it matters most. Contact our firm.
Contact a New Jersey Miranda Rights Attorney
If you have been arrested in New Jersey and think your Miranda Rights have been violated, it is important to have strong legal representation on your side. Contact experienced New Jersey criminal defense lawyer, Carl Spector, for a free confidential consultation. With over 30 years of experience, he can fully explain your New Jersey Miranda Rights and determine whether they have been violated. Let his experience work for you. Contact The Law Office of Carl Spector today to learn how we can assist you.