Arrested in Morris County NJ – What if they Didn’t Read me my Rights?
Most people know that if they’re arrested they will be informed about their rights at that point in time, but the entire experience of being arrested can be very confusing and is a lot to take in at once. Understanding Miranda rights will help you if you’re accused of a crime and need to know how to act quickly in this situation before your criminal defense attorney is present. If you have already been arrested and the police failed to read you your rights, you may be wondering if this provides a valid defense against your criminal charges. In this article, you’ll learn more about what Miranda rights are, when the police are required to inform you of them, and how they impact the overall outcome of a criminal case in New Jersey. When facing charges for a crime in Morristown, Parsippany, Dover, Denville, Chatham, Madison, Boonton, Roxbury, Jefferson, or another town in the Morris County area, you are best advised to seek personalized guidance and legal counsel from an experienced criminal defense lawyer who can help. Contact us for a free consultation about your specific case today.
What are Miranda Rights?
Miranda rights refer to certain constitutional rights shared with a person who has been accused of a crime or is being questioned in relation to a crime in which statements could be made that are used against them in court. These rights explain a person’s right to remain silent, the right to an attorney, and the promise of due process in the criminal justice system.
When are Miranda Rights Required?
The most obvious time for rights to be read is when someone is taken into custody as a suspect for a crime. However, this does not mean that the Miranda warning has to be given at the scene of the arrest. So long as the officers gave you the legally required Miranda warning prior to questioning you, the information they obtain in this way could still be admissible in court. This becomes relevant if you did make a statement prior to those rights being read and the police will be using that statement in your case. Your criminal defense attorney may be able to challenge these statements, depending on the circumstances.
In some cases, just being questioned inside a police station is not enough of a situation to warrant your rights being read. It is always best to weigh all your options and rely on your right to remain silent and your right to speak with a lawyer even if you have not yet been accused of committing a crime. Some officers might rely on your lack of knowledge about these processes to try to get you to talk, but this is rarely in your best interests.
Failure to be Read Your Rights as a Criminal Defense
The police will almost always try to talk to you after you have been accused of a crime. This might be presented to you as a way to cooperate or you might even be told that you’ll have more options in front of you if you speak up now. It is rarely, if ever, recommended that you speak to the police or answer their questions if you are pressed to do so. However, if you do make statements during a custodial interrogation, it is important to understand if you had your Miranda rights read to you or not before doing so.
The failure to read someone’s Miranda rights can only be brought up as a challenge in the defense of a criminal case if it can be shown that there was a statement or confession being used against you when you were being detained and questioned, and did not have your rights read. The primary purpose of these rights being read, therefore, is to protect someone from a coerced confession. Another issue that can come up in NJ criminal defense cases is if the rights were read, but they were not honored by the relevant officers.
Other evidence can also be associated negatively with the failure to read Miranda rights. For example, physical evidence and testimonial evidence connected as “fruit of the poisonous tree” when the rights were never read, but should have been, is an option to explore with your defense attorney. As you can see, there are many complicating factors and these should be discussed with a knowledgeable criminal defense lawyer.
Morristown Criminal Defense Lawyers can Defend Your Rights
If you have recently been arrested for a crime in Morris County, knowing your Miranda rights on your own is not enough to protect you and to ensure that you are prepared for each stage of the criminal justice process. Retaining a knowledgeable Morristown criminal defense attorney is a vital step to getting support for the legal aspects of your case. Even if the police are just asking you questions or have requested that you come down to the local police department, don’t wait to hire an attorney. Position yourself for the best outcome by exercising your right to a lawyer as soon as you can. For dedicated guidance and the answers you need now, contact a member of our criminal defense team today. Consultations are free and available 24/7 to best serve your needs.