What if they Never Read me my Rights?
Miranda Rights and how they Apply in NJ
One of the most common questions we hear from potential clients is “what if my rights were never read to me?”. More often than not, they are referring to what is known as Miranda Rights. Miranda Rights come from one of the most landmark cases of all time, Miranda v. Arizona. Miranda Rights are based on one must fundamental rights we have as United States citizen. It revolves around the right t to counsel as a means to protect the fifth amendment right against self incrimination. In other words, before a custodial interrogation can take place, law enforcement is required to read the suspect their Miranda Rights, which are as follows:
- You have the right to remain silent;
- Anything you say may be used against you in a court of law;
- You have the right to have an attorney present before and during the questioning; and
- If you cannot afford the services of an attorney, you have the right to have one appointed, at public expense and without cost to you, to represent you before and during the questioning.
However, just because a Defendant is being placed under arrest does not mean that they must be read their Miranda Rights. In order for Miranda Rights to be required, law enforcement must be conducting a custodial interrogation. So, if law enforcement is questioning a Defendant as they are placing them under arrest or they are asking them questions as part of a routine motor vehicle stop, it will not automatically give rise to a Miranda violation. That is not to say that those situations will never give rise to a Miranda violation. If the situation turns into custodial situation, then law enforcement is required to inform the Defendant of their Miranda Rights.
What is a Custodial Interrogation?
First and foremost, a custodial interrogation does not require the suspect to be in a police interrogation room. The term custodial refers more to a suspects inability to leave the situation. In fact, it is extended even further, if the suspect does not reasonable believe that they are free to leave, that can give rise to a custodial situation. The term interrogation refers not only to express questioning, but also to any words or actions on part of the police that the police should know are reasonably likely to elicit incriminating responses from the suspect. So, as you can see, even the term custodial interrogation is anything but clear. That is why we strongly recommend that if you or a loved one has been placed under arrest in New Jersey, the at you speak to an attorney as soon as possible about your options. If you would like to speak to one of the attorneys at Proetta & Oliver about your options, then please contact us at 732.858.6959.
What if there is a Miranda Violation?
One of the most common misconceptions out there is that if there is in fact a Miranda violation, the charges must be dismissed. That unfortunately is not the case, if a Miranda violation is to occur, the statements made a result cannot be used against the Defendant in a subsequent trial. Also, any evidence derived solely as a result of the statements may be seek to be deemed inadmissible in court.
Monmouth County Criminal Defense Lawyer
Now, this a very limited breakdown of Miranda Rights and how they can apply. This aspect of the law tends to be one of the most heavily litigated issues out their and that is because it is anything but black and white. If you have been arrested and feel that your Miranda Rights have been violated, we strongly recommend that you speak to an experienced New Jersey criminal defense attorney as soon as possible about your options. Proetta & Oliver serves all of Monmouth County, including Middletown, Freehold, Asbury Park, Ocean Township, Wall Township, Holmdel, Tinton Falls, Red Bank and Belmar. If you would like to speak to one of our attorney about your options, then please contact us at 732.858.6959.