What if My Miranda Rights Were Not Given During my Arrest in New Jersey?

  • Criminal Defense

Miranda rights are grounded in the Fifth, Sixth, and Fourteenth Amendments which offer privileges against self-incrimination, right to an attorney, and promise of due process, respectively. But many New Jersey residents get confused about whether their Miranda rights were violated if the police failed to read them.

Well, the answer to this question is quite complex. Miranda rights only become relevant in the context of custodial interrogations and consent requests when in police custody. Once you’re arrested, you definitely need a criminal defense law firm like The Hernandez Law Firm to ensure your rights against self-incrimination are secured. The federal and New Jersey law expects you to be given Miranda warnings or have them honored if you invoke them.

When Are the New Jersey Police Required to Read a Miranda Warning?

A common misconception among people is that the police must read your Miranda rights just before arresting you. But while many actually do read these rights before taking you into custody, they are only legally obligated to do so right before conducting a custodial interrogation in the absence of your new jersey criminal defense lawyer.

However, even general field inquiries or voluntary responses to the police by you constitute a custodial interrogation, e.g., when a police officer pulls you over in a suspected New Jersey DWI and asks you where you are from. But, Miranda is assumed to be limited in such a situation because of the assumption that coercion won’t occur.

The courts will look at several factors to determine whether the situation triggered your Miranda rights. Some of the considerations include:

  • The time, duration, and place of custody
  • The surroundings
  • The police’s language and conduct in informing the suspect about a questioning regarding a suspected crime
  • The degree and nature used to detain the person

What Should My Miranda Rights Comprise Of?

Miranda rights are required if the defendant knows a government agent is interrogating him. The person would typically receive a notice to inform them that they are being interrogated. The standard Miranda warning will include:

  • You have the right to remain silent
  • Anything you say can be used against you in a court of law
  • You have a right to have a lawyer during questioning
  • If you can’t afford a lawyer, the court will appoint one for you
  • If you choose to answer questions without a lawyer, you have to right to stop responding at any time

These words don’t have to be used in a particular order for your Miranda rights to be fully satisfied. Law enforcement officers only need to make it clear that you have a right to remain silent and your right to have a lawyer represent you. But sometimes, the officers fail to read rights, and your Miranda rights attorney in New Jersey can exploit this fact to your advantage.

How Can I Invoke My Miranda Rights?

The Miranda rights give you the two rights mentioned above. You may invoke one or both rights once they’ve been read to you. As experienced New Jersey Miranda rights attorneys, we’d advise you to take advantage of these privileges. To invoke the rights, you have to say something. For instance, saying, “I choose to remain silent.” If you remain silent after the reading, you imply that you consent to questioning without a lawyer.

Could I Have Waived My Miranda Rights?

If you don’t’ say anything after your Miranda rights are read, anything you say afterward can be used against you in court. Similarly, if you start answering questions after invoking your Miranda rights, you’d have waived those rights. However, the court still expects the waiver to have been voluntary, knowing, and intelligent.

The court will determine the voluntariness of a waiver by considering the defendant’s age, education, physical impediments, and intelligence.

Is The Evidence Admissible If They Didn’t Read My Miranda Rights?

Remember, only custody triggers the necessity for Miranda warnings. So if you’re not in custody, e.g., through an official arrest, the rights don’t come into play. The implication is that any statements you make before the arrest can be used against you. So, if you’ve stopped by the police over a suspected DWI in New Jersey, avoid answering any questions from the police if you’re not under arrest.

What’s If It’s Established That My Miranda Rights Were Violated?

If the prosecution is majorly relying on the illegally acquired evidence that violated your Miranda rights, there’s a likelihood the case will be dismissed, especially if it’s a confession. Your New Jersey Miranda rights lawyer can fight to have this evidence dismissed and subsequent dismissal of your case. If there is more evidence attached to the case, the case will proceed, and your criminal defense lawyer in NJ will continue fighting for you.

You need an expert who will examine the fact patterns to determine if your rights were violated. Law enforcers use crafty tactics to circumvent your Miranda rights. And that’s why you need a Miranda Rights attorney in Toms River, NJ.

Do I Have Miranda Rights in A DWI Arrest?

In New Jersey, Miranda rights apply to DWI arrests or other traffic-related violations. If an officer pulls you over and asks you questions, you can politely decline to answer. But they must recite your Miranda rights upon the DWI arrest.

New Jersey Attorney Protecting Your Rights

After an arrest, the complex legal system and police intimidation might frighten you. You may say things during your arrest without Miranda warnings being given.

Any evidence collected by ways that deny you those rights should be suppressed. The Hernandez Law Firm has experience in fighting police interrogations and arrests that violated your Miranda rights. Let us explore all the details of your case and provide sound legal guidance on the best steps. Get in touch with us today.

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