Miranda rights were established by the Supreme Court in 1966 in Miranda v. Arizona. Reading the Miranda rights is a standard police procedure, so every criminal defendant in New Jersey should understand what these rights are and how they could impact the outcome of a criminal case.
What Are Miranda Rights In New Jersey?
“You have the right to remain silent” is a phrase that is often mentioned on TV and in the movies. Many people can recite this phrase, but few are aware of its actual meaning. This phrase is the first part of the Miranda warning that law enforcement officers must read to suspects. Law enforcement officers are legally obligated to ensure that suspects are aware of the following:
- They have the right to remain silent.
- Anything that they choose to say can be used against them in a court of law.
- They have the right to have a dwi lawyer present.
- If they cannot afford to hire an attorney, one will be appointed to represent them.
Law enforcement officers are required to read these facts to you to ensure you understand your rights in your current situation.
When Are Law Enforcement Officers Required to Read Your Miranda Rights?
There are specific rules that officers must follow in regards to Miranda rights. Law enforcement officers are not required to read these rights to everyone who they encounter. If a law enforcement officer wants to question someone who is in custody, they are required to notify the person of their Miranda rights first.
This means that law enforcement officers are not required to read Miranda rights to people who are not in police custody even if they plan on questioning them. Furthermore, the police can arrest someone without reading them their rights. However, if they decide to question the person, later on, they must read their Miranda rights first.
What Happens if the Police Fail to Read Your Miranda Rights?
Many people believe that if an officer fails to read their Miranda rights, their case will automatically be dismissed. But that’s not how it works.
Law enforcement officers must comply with the rules regarding notifying people of their Miranda rights. If they fail to read these rights to you, this mistake could impact the outcome of your case.
You must be notified of your Miranda rights before being questioned in police custody. If the police fail to notify you of these rights, the evidence that they gather during questioning may be inadmissible. This is because you were not aware of your right to stay silent or have an Miranda Rights attorney present during questioning. As a result, you did not understand the consequences of answering the police’s questions. Because the police failed to notify you of your rights, they cannot use the evidence they gathered during questioning against you in court.
Getting this evidence dismissed could significantly weaken the prosecution’s case against you. For example, the prosecution’s case may center around a confession you made during questioning. If you were not read your rights prior to questioning, this confession may be thrown out of the case. The state may not have the evidence it needs to move forward with your case without this confession, so the charges may be dismissed.
However, it’s possible that the state will still have enough evidence to bring charges against you even if the evidence gathered during the questioning is thrown out. The attorneys at The Hernandez Law Firm can determine if the failure to notify you of your Miranda rights will affect the outcome of your case.
How to Invoke Your Miranda Rights In New Jersey
If you are read the Miranda warning, it’s important to invoke your right to remain silent and have legal representation. You can invoke these rights by simply stating, “I am exercising my right to remain silent,” or “I would like to exercise my right to an attorney.”
If you invoke these rights, police must immediately stop questioning. If they continue to question you, the statements you make after invoking your rights cannot be used against you in court.
Call Our New Jersey Miranda Rights Attorneys to Schedule A Free Initial Consultation Today
Did law enforcement fail to notify you of your Miranda rights? If so, this could affect the outcome of your case. Let the skilled criminal defense attorneys at The Hernandez Law Firm review the details of your case to determine the best way to fight your charges. With our help, you may be able to get your charges dismissed. To discuss your case with our team, schedule a free consultation by calling 732-286-2700 or filling out the form on our website today.