Exercising your rights during a police interrogation can prevent you from self-incriminating and ensure police officers don’t abuse their power. We can advocate for and assert those rights during police questioning, so call us if you are arrested in New Jersey.
You have the right to remain silent, meaning you do not have to answer any questions from law enforcement during an interrogation. You also have the right to an attorney; therefore, tell the police that you want to call our lawyers immediately. We should be present during interrogations; otherwise, police might coerce you or otherwise violate your rights to get evidence. The remedy for violation is suppressing illegally obtained evidence, potentially leading to charges being dismissed.
For a free case assessment, call the New Jersey criminal defense attorneys of the Law Offices of John J. Zarych now at (609) 616-4956.
What Rights Do I Have in a Police Interrogation in New Jersey?
You have specific rights during a custodial interrogation, and invoking them can safeguard you after an arrest in New Jersey. These are known as your “Miranda rights” because of the Supreme Court’s decision in the landmark case Miranda v. Arizona.
The Right to Remain Silent
The Fifth Amendment gives you the right to not self-incriminate, so you don’t have to answer any questions or speak during a police interrogation. Our New Jersey criminal defense attorneys can answer questions on your behalf, ensuring you do not misspeak.
Exercising your right to remain silent is one of the best things you can do for yourself after an arrest and during an interrogation. To exercise this right, you first have to say it out loud. Although being arrested is shocking and upsetting for many, arguing with the police or having an emotional outburst might hurt you.
After an officer reads you your rights, they will ask whether or not you still want to speak to them. Invoke your right to remain silent out loud and refuse to engage in any further discussion, even if officers seem on your side.
The Right to Hire an Attorney
Everyone has the right to an attorney under the Sixth Amendment, and law enforcement officers must inform you of that right after an arrest and at the beginning of a custodial interrogation. While you have the right to an attorney, if you waive that right, police can continue questioning you. Any statements you make may be admissible since you were informed of your right to an attorney, but you kept speaking.
You also have the right for an attorney to be appointed to you. This would be a public defender, who may have many other responsibilities at the time in addition to your case. To best exercise your right to an attorney, call our skilled criminal defense lawyers if the police arrest you.
Do Officers Have to Read You Your Rights Before a Police Interrogation?
You are also entitled to be read your rights any time police question you while you are in custody. If law enforcement officers do not inform you of your right to remain silent or have an attorney, you may not know those rights exist.
Tell us what happened during the arrest, like if you recall the arresting officer telling you that you have the right to remain silent and warning you that if you don’t, anything you say might be used against you at trial.
When officers are done reading you your rights, they should ask whether or not you understand them and if you need them repeated. If you require further explanation and law enforcement officers fail to provide it, please let us know.
Not reading your Miranda rights accurately and completely is a big mistake on law enforcement’s part, so tell us what you can remember.
What if My Rights Are Violated During a Police Interrogation in New Jersey?
If your rights were violated during a police interrogation in New Jersey, call our lawyers right away. Any evidence officers obtained through violating your rights may be inadmissible in court, potentially destroying the prosecution’s case. Prevent these situations to the best of your ability by continuing to invoke your right to remain silent, even if officers keep pestering you.
Examples of violating your rights include refusing to let you contact our lawyers or failing to read you your Miranda rights. After initial rights violations, police officers might continue to overstep, such as by threatening you or using physical force to coerce a confession.
We can file motions to suppress coerced confessions or any other illegally obtained evidence. If inadmissible evidence from an illegal interrogation is most of the prosecution’s case, getting that evidence suppressed may be enough for the prosecution to drop the charges.
How Can I Protect My Rights During a Police Interrogation?
To protect yourself during a police interrogation or informal questioning, have our lawyers present. In addition to reminding you and law enforcement of your rights, we can also ensure you do not unintentionally self-incriminate or otherwise misspeak.
Our experience in the criminal justice system prepares us for formal interrogations with law enforcement. We can speak for you, answering or refusing to answer police officers’ questions. We can also learn more about the reason for the arrest and possible incoming charges at this time.
We can identify police conduct that violates your rights, like officers wrongfully detaining you.
You should consider protecting yourself and your rights, even during informal conversations with law enforcement officials. If law enforcement asks you to come in for questioning willingly, it may not seem like an official interrogation. Things can change quickly during police interviews, and we can pick up on shifts in attitudes from law enforcement or common tactics used to gather information.
Whether or not you’ve been read your rights, you can and should still invoke your right to remain silent.
Call Us for Help with Your New Jersey Criminal Defense
For a free case evaluation, call the Atlantic City, NJ criminal defense attorneys of the Law Offices of John J. Zarych today at (609) 616-4956.
