Under both the N.J. State Constitution and the U.S. Constitution, you have rights that apply when you are being arrested. The cops do not have to give you your ‘rights’ unless they are asking you questions about ‘what happened’ while you are in ‘custody’. On the other hand, the cops do have an obligation to identify you when you are being arrested, so you should give them the information that identifies who you are and where you live, or you will not be released even if the charges are on a complaint summons. So, what do you do…
You have rights that need to be asserted by YOU. Even if the cops do not read you your ‘Miranda’ protections, those rights apply. If they violate those rights and a Judge rules that the evidence seized (such as what you said) is suppressed, all that means is that the particular evidence taken in violation of that right cannot be used at trial, it does not mean that the case will be dismissed. KNOW YOUR RIGHTS! And know when to assert them, to make sure you don’t lose them.
One of your rights is the ‘RIGHT TO REMAIN SILENT’, which you should do if you do not want what you say about ‘your side of the story’ being used against you. Identify yourself, then STOP TALKING. If you ask questions, you may very well be giving up your privilege against being a witness against yourself. Say I WANT TO REMAIN SILENT, and say I WANT A LAWYER, then shut your mouth! Be proactive is asserting your rights. ‘He didn’t read me my rights’ may, if you are able to convince a Judge that you were not properly advised, result in that one thing being suppressed. The prosecution against you continues. Raising your rights when you are spoken to, and writing them on the Miranda warning is incontrovertible proof that you knew your rights and wanted to assert them.
If however, after you are given your rights, you start asking questions of the officers, like ‘when am I going to see a Judge’, ‘what is going to happen next’, and ‘how come the other person is not being arrested’, you are risking those protections because you are initiating a conversation with the officers. Stop helping the cops build a case against you, and know what your rights are!
#Miranda #Arrested #ConstitutionalRights
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No attorney-client relationship is intended, offered or established by this information, even if it is similar in nature to a situation you are facing. Should you be confronted with a criminal prosecution or investigation, you are strongly advised to consult immediately with an experienced criminal defense lawyer licensed in the State or jurisdiction where the charges are filed, with whom you will have an attorney-client relationship, and can obtain legal advice on how to best handle your issues. This direct consultation should be done before you make any decisions in regards to your legal issue.
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