Right to Remain Silent upon arrest or police questioning- Miranda Rights

Advice on Arrest for a Criminal Violation

1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.
2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.
3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely," I would rather not discuss it".
4. Call your lawyer at the first opportunity.
NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer.
Remember: Even a fish would not get caught if they kept their mouth closed.
OJ remained silent and is playing golf today.
Call the Kenneth Vercammen Law Office. 800- NJLAWS 7 or visit our website
BeNotGuilty.com. We are in Edison, NJ 732-572-0500

Right to Remain Silent upon arrest or police questioning- Miranda Rights
The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine. New Jersey requires the higher standard of beyond a reasonable doubt when the court determines if Miranda has not been fully complied with. State v Yough 49 NJ 587, 600-601 (1967), State v Whittington 142 NJ Super. 45, 49-50 (App. Div. 1976), State v Flower 224 NJ Super. 208, 213 (Law Div 1987) aff'd per curiam 224 NJ Super. 90 (App. Div. 1988).




WHAT IS INTERROGATION?
As set forth in NJ Practice , Vol. 32 Criminal Practice and Procedure (West 1998) Section 755, the United States Supreme Court in Rhode Island V Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980) held that the term "interrogation" under Miranda refers not only to express questioning but also to any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
It is "an established principle of our federalist system" that states may afford "individual liberties more expansive than those afforded by the federal constitution." State v Novembrino 105 NJ 95, 144-145 (1987).

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