Legal Question in Criminal Law in New Jersey

Miranda Errir

If the form that is used for mirnada is worded incorrectly, is that a violation of Miranda? For example, the last line of the miranda form states, ''You have the right to stop answering until you speak to an attorney.'' In my opinion, the statement suggests that you can stop talking at anytime UNITL you talk to a lawyer but you have to continue talking after you do speak with an attorny. What are you thoughts on this? Thanks


Asked on 11/09/06, 5:11 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Miranda Errir

The idea is that the attorney will advise as to whether you should make any statements to the police. The wording is adequate. The question is what were the TOTAL circumstances under which a statement was given to the police. Miranda is just one level; another level is the question of whether the statement was voluntary, with or without Miranda rights be read to a defendant.

You need to have a full consultation with a criminal lawyer.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/09/06, 5:23 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Miranda Errir

I totally agree with Mr. Moore. This is really a job for your attorney to handle.

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Answered on 11/09/06, 10:11 pm


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