Miranda Rights from a Criminal Defense Perspective in NJ

I Wasn’t Read my Miranda Rights in New Jersey, Can I have my Case Dismissed?

This is an unbelievably common question, and how Miranda Warnings actually work in the criminal justice system is largely misunderstood. 

Many have heard the phrase “reading your rights” in connection with a criminal arrest. Miranda rights, as they are formally known, have been popularized by Hollywood, but what these rights entail and when they actually apply is often misunderstood. It is important to understand the scope of the constitutional protections communicated through Miranda rights and what events trigger their attachment to ensure that your rights are protected and to identify when they may have been violated. If your Miranda rights are not communicated to you when required, it can have a significant impact on your criminal case. Therefore, it is critical to have a New Jersey criminal defense attorney who understands the nuances of these rights and their application.

The criminal defense lawyers at The Tormey Law Firm are readily equipped to review your case for potential constitutional violations, including being interrogated by police without being informed of your Miranda Rights. We not only investigate the surrounding circumstances to identify potential violations of these rights, but we use these violations to effectively get critical evidence suppressed and ultimately, fight for a dismissal of the charges altogether. With former prosecutors and dedicated criminal attorneys with decades of experience litigating criminal cases against our clients in courts across New Jersey, our team has the knowledge, commitment, and strategic skill to protect your rights and your innocence. Reach out to us anytime, day or night, for a free consultation. Call (201)-556-1570 and one of our attorneys will immediately assist you.

Where did Miranda Rights Come From?

Miranda rights stem from a 1966 U.S. Supreme Court case, Miranda v. Arizona, which held that, before questioning an individual in custody, the police must inform the individual of their rights against self-incrimination under the 5th Amendment to the Constitution. In this case, the defendant confessed to a crime after being interrogated without being informed of his right to remain silent or his right to an attorney. Due to this failure, the court found that his confession was inadmissible because their failure to provide him with these warnings violated his constitutional rights. As a result, the requirement to inform an individual of their 5th Amendment rights prior to custodial interrogation became known as Miranda rights or Miranda warnings.

What do Miranda Warnings Include?

Being read your Miranda rights is intended to make sure that you are aware of your right to remain silent, among other key protections afforded to you under the constitution of the United States. Specifically, the police must inform the individual that (1) they have the right to remain silent; (2) anything they say can be used against them in court; (3) they have a right to an attorney; and (4) they have a right to a court-appointed attorney if they cannot afford their own. When the police inform an individual of these rights during an arrest or prior to a custodial interrogation it is commonly known as “reading your rights.”

Sources of Confusion about Miranda Rights in New Jersey

Although the words, “You have the right to remain silent…” are highly recognizable to most Americans, there are many misconceptions about Miranda rights that even lawyers without criminal defense experience hold. One of the most common misconceptions is that Miranda rIghts must be read any time someone is being arrested. Actually, a police officer is only required to read an individual their Miranda rights prior to custodial interrogation. If someone is being arrested but not questioned, then Miranda rights are not technically required.

Another common misconception is that any statements made by an individual prior to receiving Miranda rights are not admissible in court or that if an officer fails to read an individual their Miranda rights, any statements by the defendant are inadmissible. However, Miranda rights only affect whether statements made by a defendant during a custodial interrogation can be admitted in court. So, any voluntary or spontaneous statements made by a defendant prior to receiving their Miranda rights or if they are not being interrogated are admissible. Similarly, if a police officer simply asked an individual, who was not in police custody and was otherwise free to go, a question, then a custodial interrogation did not take place and any statements made by the individual may be admissible.

Finally, many people incorrectly believe that if an officer fails to read you your Miranda rights, then the entire arrest is invalid. However, this is false. Not reading Miranda rights will not invalidate an arrest or make the arrest illegal. It simply impacts the admissibility of statements made by the defendant while they are being interrogated in police custody. It is easy to see how many opportunities for misunderstanding there are in the scope and application of Miranda rights.

Should You Have been Informed of Your Miranda Rights?

Miranda rights must be given prior to any custodial interrogation. This involves two components: (1) the individual must be held in police custody and (2) the individual must be subjected to interrogation. Let’s break down each of these requirements.

Were You in Police Custody?

An individual is in custody if they are deprived of their ability to freely move or leave the situation including, but not limited to, a formal arrest. To determine if an individual was in custody outside of a formal arrest, the court will look at the totality of the circumstances and assess whether a reasonable person would have felt free to leave in those circumstances based on the details of the police interaction including whether the behavior of the police was coercive, intimidating, or high pressure. If an individual is stopped for a routine traffic violation, Miranda rights are not required.

Were You Being Subject to an Interrogation or Formal Questioning by the Police?

Even if an individual is in custody, Miranda rights only apply to statements made during a police interrogation or when the police are asking the individual questions or making comments that are likely to solicit a reply by the individual. They do not apply if the officer has not asked questions or solicited comments from the individual in any way, even if the individual is in police custody. Any voluntary statements made by the individual prior to an interrogation or questioning by police while in custody are not covered by the Miranda rights requirement.

Inadmissibility of Evidence Resulting from Miranda Violations

If the police fail to provide an individual with their Miranda rights and the individual makes statements to the police during a custodial interrogation, then all of those statements are inadmissible in court, as they were obtained in violation of the defendant’s 5th Amendment rights. In addition, if any other evidence is collected as a result of a statement obtained in violation of these rights, then under the doctrine of the “fruit of the poisonous tree”, that evidence is also inadmissible because it was ultimately obtained as a result of violating the defendant’s constitutional rights.

Miranda rights violations can take many different forms but some examples include simply failing to provide the warnings at all and then questioning a suspect in custody or using coercive means to obtain a confession after an individual already invoked their right to remain silent.

Decisions to Waive Your Miranda Rights

After receiving their Miranda warnings, an individual may choose to waive their rights by speaking with the police and answering questions, so long as they make the decision voluntarily and knowingly. Many law enforcement departments will require an individual to sign a written waiver prior to an interrogation, but a written waiver is not constitutionally required. Once an individual waives their Miranda rights voluntarily and knowingly, any statements they make can be admitted and used against them as evidence in court.

If You Waive Your Right to Remain Silent and Your Right to an Attorney, Can You Take it Back?

It is important to note that a waiver is not permanent and an individual may choose to invoke their right to remain silent or right to counsel at any time, even if they already waived their rights. This will not, however, cover any statements made after the individual waived their rights but before they invoked them again. The individual need not verbally state they wish to now remain silent – they can simply be silent. However, they must communicate their request for an attorney.

Get Help from a Miranda Rights Attorney in NJ Today

The experienced criminal defense lawyers at The Tormey Law Firm are highly adept at identifying when an interaction with police became custodial in nature and what statements, if any, by the defendant were made voluntarily, spontaneously, or in violation of the defendant’s rights. When these rights are violated, it may render not only statements by the defendant inadmissible, but also evidence obtained as a result of those statements, which has the potential to dramatically change a criminal case by making it difficult for the prosecution to meet their burden of proof. For more information about how our team of accomplished New Jersey criminal defense attorneys can assist you or a loved one with your case when you suspect that your Miranda Rights were violated, please contact us at (201)-556-1570 today. We provide free consultations 24/7 to best serve your needs.

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