Legal Question in Criminal Law in New Jersey

Re: Miranda Forms

First, a Miranda form is more procedure than substance. Not everyone signs a Miranda form. The simple answer to your question is the confession is not getting thrown out unless you can show that there was some other problem, other than the form issue.

At this point in the case, you really should have an attorney and the fact that you are on this site asking this question scares me. When you have an attorney you can trust, you don't have to ask anyone else questions.

If you have any other questions, call me at 732/247/3340. My initial consultations are always free.

Re: Miranda Forms

A Miranda form is used only to record

that a person was advised of their right to the services of an attorney,

to remain silent, etcetera. If you were not a suspect and it was merely an interview where you were not in custody the Miranda warning is not required. The Miranda warning is designed to protect the rights of persons under the control of the police who might feel intimidated surrounded by men wearing guns.

If you were questioned by police from another jurisdiction while you were in custody or under arrest the police were required to read you Miranda rights to you before questioning you.

If they did and there was no coercion involved your statement was properly taken.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com