New Jersey Traffic Violation Lawyer Discusses Being Protected Under the Miranda Rights
Most Police Stops Are to Address a Minor Traffic Infraction
What happens when people get pulled over by the police, ordinarily, is the police want to do a quick investigation. If they’re pulling you over for a simple traffic infraction, as most people are aware, they want to gather up your driver’s license, your insurance card, your registration, things like that. They want to make sure that you don’t have any warrants, and then they want to simply write out the summons for which they pulled you over for.
If the Police Have Reason to Believe Other Criminal Activity Is Taking Place during the Police Stop, They Escalate the Investigation
Sometimes in that scenario the police, while doing that quick investigation, might determine or might come across some evidence that leads them to believe the driver is either intoxicated, or there might be some criminal action that’s happening, such as someone might be in possession of some controlled dangerous substance: marijuana, cocaine, heroin.
If There Are Passengers in the Car, the Police Will Question Them Separately from the Driver and Compare the Statements
Very often, when there’s more than one person in the car, the police, if they want to escalate an investigation like that, will keep the driver and the passenger separate. If there’s another police officer present, they’ll put somebody on the passenger, and one of the police officers will talk to the driver.
The police officers then will compare what each of the two people said and determine whether or not they’re telling the truth, especially if they believe that there might be possession of heroin, cocaine, or marijuana in the car or in possession of one of the people.
When You Are under Arrest or Detained by the Police and Are Not Free to Leave, Any statements You Make Are Protected by the Miranda Rights
Miranda rights apply a few steps later when somebody’s detained under the law or in custody under the law, or under arrest, whereby tthey’reno longer free to leave. They are clearly under arrest, and now they’re being questioned. The police have an obligation at that point to read the person their Miranda rights. They include: You have the right to remain silent. You have a right to a New Jersey Traffic Violation Lawyer. In total, there are six rights that have to be read.
When the Miranda Rights Are Violated, Those Statements May Be Subject to Suppression
If those rights aren’t read and a statement is derived from the person who’s under arrest, then that statement can be subject to a pretrial hearing suppression motion, where the New Jersey Traffic Violation Lawyer representing that individual can ask the judge to not allow the prosecutor to use that as evidence in their trial.
If you think your Miranda Rights have been violated in New Jersey, contact experienced New Jersey Traffic Violation Lawyer Carl Spector for a free confidential consultation.