Legal Question in Criminal Law in New Jersey

Failure to Disperse & Obstruction of Justice

Outside of closing bar around 2am on Sat arrests were being made. I believe there was two fights and the local cops(two cars worth) stopped them pretty quickly and started to handcuff people. My friend who is a director of a local news station stepped closer once things looked close to over to take some pictures with his digital camera. as he stepped in a third car pulled up and almost hit him. he jumped out of the way and started to walk away from the incident. without any order to leave two cops grabbed him and cuffed him without reading any rights. he explained he wasn't part of the incident and that he was taking a picture. In the station he was never asked anything and had no phone call. He was released with Fail to Disp and Obstr. of Just and a court date in two weeks. We don't understand why they wouldn't read rights like an arrest and yet charge him without question. Thank you in advance for any help!


Asked on 8/09/04, 1:34 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Failure to Disperse & Obstruction of Justice

Miranda rights advise of the right to remain silent and the right to counsel. If no questions are asked by the police there is no need to read

Miranda rights

Unfortunately, everyone in the field of battle is a possible combatant and subject to arrest. If your friend has the proper press credential it should be possible to have the charges dismissed.

Call me.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 8/09/04, 2:58 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Failure to Disperse & Obstruction of Justice

If your friend made any incriminating comments or admissions that the police intend to use against him, then a failure to read Miranda rights to a person being arrested can result in the suppression of the evidence against him. Since there are no written confession or admissions at issue here, there would not be any defense motion possible for failure to read him his rights. He does have the two pending criminal charges aginst him, and these will have to be taken care of. I am an attorney who has handled cases similar to this in the past in various courts in New Jersey. I would like to speak with him about how I can assist him on those charges. Please ask him to contact me at 1-908-272-0111 to discuss this. There is never any charge for simply discussing a case with me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.mjworkerscompensationlaw.com

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Answered on 8/09/04, 4:23 pm
John Ducey Law Offices of John G. Ducey, PC

Re: Failure to Disperse & Obstruction of Justice

The police officers do not have to read the Miranda's unless they plan on taking a statement from a suspect. In this case it unfortunately sounds like your friend was in the wrong place at the wrong time and the officer did not need a statement from him at the time so no Miranda was given. The 2 charges against him are criminal charges and from your email it appears they are pending in municipal court. If your friend wishes to discuss this further have your friend call me at 732-286-2170.

Good luck. John Ducey

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Answered on 8/09/04, 4:57 pm


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