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Implications of Miranda Rights in Criminal Law

The Enduring Power of Miranda Warnings and How They Can be Pivotal for Your Defense in New Jersey

Most people have probably heard police officers advise a handcuffed suspect, “You have the right to remain silent,” in television shows or movies. However, they may not know where that right comes from or what it means. The right to remain silent is one of the warnings that police must give to a detained criminal suspect before interrogating them. The requirement to read these rights comes from a foundational case, Miranda v. Arizona 384 U.S. 436 (1966), and reading one’s rights is commonly known as Miranda warnings.

Although the right to remain silent and the right to an attorney seem straightforward, they are not by any means. Law enforcement can ask certain questions, and the right to remain silent may not apply in all certain situations. In other cases, the line is blurred between what constitutes an interrogation and what does not. That is why it is essential to have a criminal defense lawyer with in-depth knowledge of this realm of the law so they can examine your individual case, identify constitutional violations, and leverage the lack of proper Miranda warnings in defending your innocence and protecting your rights if the police arrest and charge you with a crime in New Jersey.

Our attorneys at Proetta, Oliver, & Fay focus exclusively on practicing criminal law so that we can provide exceptional representation to our clients facing criminal charges. We take your constitutional protections seriously and will fight for you in court when these fundamental rights are violated by state or federal authorities. Contact our office in Burlington County, NJ today for a free consultation to go over your case and find the answers you need now. Call 609-850-8284 anytime for assistance.

About Miranda Rights: Your Constitutional Protections

Following an arrest, the police cannot ask you questions about crimes they suspect you committed without warning you of your Constitutional rights to have an attorney and not to incriminate yourself. Miranda rights include: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.

The precise language may vary slightly, but the essence of the advisement is that you have the constitutional right to talk to an attorney and have them present during your interrogation. If you cannot afford one, a lawyer will be appointed for you before the police question you. The two principal rights are the right to remain silent and the right to legal counsel. You may assert any of your rights at any time during police questioning.

What Does it Mean to be “Read Your Rights?”

The obligation for the police to “read you your rights” refers to the Miranda warning or rights about which you MUST be informed. Once you are read your rights after or during an arrest, you should know that you are a criminal suspect about to be questioned by the police.

The Foundational Case for Miranda Warnings

In Miranda vs. Arizona, the police arrested Ernesto Miranda for rape and kidnapping after the victim identified him in a lineup. The police took Miranda into custody and questioned him without an attorney present for two hours until he confessed to the crime. The confession led to his conviction and prison sentence.

After losing on appeal, Miranda took his case to the Supreme Court, which was heard with three other cases. The issue for all was whether the suspects’ statements in police custody under questioning could be used against them in a criminal trial, given the Constitution’s Fifth Amendment protection against compulsory self-incrimination.

While the Fifth Amendment typically protects individuals going through criminal court proceedings, the Supreme Court extended such protection to all people who are not free to leave a situation, such as a police custodial interrogation. The Court ruled that the Fifth Amendment’s self-incrimination protection prevents prosecutors from using statements from a suspect in police custody for questioning unless the right against self-incrimination is safeguarded.

The Court further explained that such police custodial interrogations inherently pressure detainees to speak when they would not otherwise, so defendants need warnings that they have the right to remain silent, that what they say can be used against them in a court of law, and that they have a right to an attorney, whether they can afford one or not, before police questioning. 

Scenarios Mandating a Defendant be Informed of their Miranda Rights

Any time the police detain someone who is not free to leave, law enforcement must read the individual’s Miranda rights before questioning them. For example, a person in cuffs and taken to the police station is not free to leave, so any questions about the suspected crime in the car ride over to the station require Miranda rights beforehand.

Situations Where Miranda Warnings May Not be Mandatory

Police do not always need to read a detainee’s rights in custodial situations. For example, the police can arrest someone without giving them a Miranda warning. Once they start asking questions, however, they must inform the arrested individual of their rights.

Routine and general questions the police ask in traffic stops, such as asking for a person’s driver’s license and registration, typically do not require Miranda warnings, either. However, an exception to the Miranda warning requirement for custodial interrogations is drunk driving cases. An officer may ask a suspected drunk driver if they have been drinking, even though the response is self-incriminating.

How do Courts Decide if Miranda Warnings Should Have Been Given in a Case?

Determining whether a Miranda warning was necessary in any case is a matter of weighing multiple considerations. Courts consider several factors when deciding whether someone is in custody for Miranda purposes. Those factors include the circumstances of the detention: how long, where, and when. Questioning a suspect in handcuffs in the back of a police car is more likely to result in custodial detention than a brief questioning about general events in a public square. As such, another factor is the physical environment.

A third factor is how much pressure law enforcement places on someone to detain them, and a fourth is how the police question an individual to alert them that they are a criminal suspect. In other words, the police cannot disguise the nature of the questioning with misleading assurances that nothing will happen no matter what the suspect says or that they do not need a lawyer when the reality is that the detention is part of a criminal investigation.

Identifying Miranda Violations when they Happen to You

Miranda violations may occur under several circumstances New Jersey courts recognize, such as denying a defendant knowledge of their attorney’s presence or an arrest warrant before questioning. Tricking a defendant to confess by lying about the evidence against them, questioning a minor defendant without their parents or guardian present, or police or prosecutors communicating with a represented defendant without their lawyer’s approval are all violations. And finally, failing to give a detained defendant Miranda warnings before questioning is a Miranda violation.

I Waived my Miranda Rights, Then What?

You can waive your right to an attorney to consult or be present during police questioning so long as you knowingly, voluntarily, and intelligently do so. The burden is on the prosecution to prove statements from a custodial police interrogation are admissible in Court because the accused knowingly, voluntarily, and intelligently waived their right to an attorney.

In New Jersey, establishing a voluntary waiver depends on the accused’s education, age, and intellectual capacity. In addition, a court considers how long the suspect was questioned, the officer’s constitutional rights advice to the suspect, and the accused’s physical or mental deficiencies.

To be a knowing and intelligent waiver, the defendant must understand their constitutional rights to remain silent during questioning and to have a lawyer present but choose not to have either before talking to the police.

Police Violated my Miranda Rights, What can I do?

Without a valid waiver or rights reading before a police interrogation, your constitutional rights may have been violated. When that occurs, the prosecutor cannot use statements you made to the police during questioning to prove you committed a crime. So, if you admitted that you helped your brother steal items from a convenience store during a police interrogation, the prosecutor cannot use that confession to convict you of theft if the state violated your Miranda rights.

Also, any other evidence the police discover during your interrogation because of the confession is inadmissible in Court. Thus, when you mention your brother’s gun during the unlawful interrogation, the police cannot seize your brother’s gun as evidence of robbery or unlawful possession of a weapon. In order to ensure the full enforcement and protection of your rights, you need an intelligent, aggressive Miranda Rights lawyer.

What is the Process to Challenge Statements in Court Based on a Miranda Violation in NJ?

Your attorney can file a motion with the Court to suppress or exclude statements obtained in violation of your Miranda rights when the prosecution seeks to use them against you. The Court then must decide whether such statements are admissible. If they are not, the prosecution’s case may fall apart, leading to a dismissal.

Contact Mount Holly Miranda Rights Attorneys at Proetta, Oliver, & Fay

Without a knowledgeable and skilled criminal defense attorney, you probably will not know when a Miranda violation occurs or how to file a motion to suppress evidence with the Court and ensure it is successful. The experienced criminal defense lawyers at our firm draw on our extensive legal background to determine whether you were in custody when police questioned you without giving you a Miranda warning, whether your constitutional rights were violated in the course of a criminal investigation, and what this can offer to your defense. We also have experience filing motions to suppress evidence in court and effectively demonstrating to presiding judges that you were, indeed, denied your core protections.

If you suspect a Miranda violation happened to you in New Jersey, or you have been arrested or detained in connection with a criminal case, be sure to contact our team at Proetta, Oliver, & Fay to advise and protect you from the moment we get involved. Contact us seven days a week at 609-850-8284 for further legal guidance.