Legal Question in Criminal Law in New Jersey

Re: rights of minors

I've gotten statements given by minor's without the presence of their parents thrown out on motion in the past. I am an attorney who has handled many cases similar to this in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

Re: rights of minors

Yes. If the police have questioned your child, call me at 732/247/3340 to discuss your case.

Re: rights of minors

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 complies 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, (L. Arnold) in Rhode Island V Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980) the United States Supreme Court 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).

To read the entire article. go tohttp://www.njlaws.com/miranda_warning.htm