Were Your Miranda Rights Violated?
Most times, when someone is arrested for any reason, you will be read your Miranda rights. But were your Miranda rights violated? If you’re not informed about them, you might be feeling confused and you might not even know that they have been violated and how that will affect you. Here is what you need to know.
Were Your Miranda Rights Violated? | How the Police Can Arrest You
New Jersey law actually doesn’t require police officers to read your Miranda rights at the time of arrest; however Miranda rights must be read once someone is taken into custody and the police want to interrogate them about the crime. As an experienced New Jersey criminal lawyer, I advise all my clients to never discuss an alleged crime until you have legal counsel at your side. The courts have determined that the police are allowed to use certain techniques while interviewing suspects. These tactics can be used to play on your emotions during stressful situations and can lead to you make incriminating statements. Invoking your Miranda Rights can stop these interrogations in their tracks.
Were Your Miranda Rights Violated? | These are your New Jersey Miranda Rights:
If you were arrested, you need to know what your Miranda rights are so that you can determine, with the help of your attorney, whether or not your rights were violated.
- You have the right to remain silent;
- Anything you say can and will be used against you in a court of law;
- You have a right to an attorney;
- If you cannot afford an attorney, one will be appointed for you.
Call an attorney right away if you suspect that your rights were violated.
Were Your Miranda Rights Violated? | Contacting an Attorney
As a New Jersey criminal lawyer, I advise my clients to stop answering questions that tend to incriminate you, at any point. If the police officer asks you something that would hurt you by answering, there is no reason why you necessarily have to answer. That is different from Miranda though.
The real definition of an arrest though is whether you are in custody and not free to leave; what you were mentioning just a moment ago. At the initial car stop when someone is pulled over, let’s say for a traffic ticket, there is a nuance there. There is a nuance between being stopped and not really free to leave; but not really under arrest. This is because the law permits for a reasonable inquiry by the police, under reasonable circumstances.
Were your Miranda rights violated? Please call our New Jersey criminal defense attorney today for a free consultation to determine how your rights were violated.