Legal Question in Criminal Law in New Jersey

Re: rights

Nothuing, if you made no incriminating statement. If you made an incriminating statement, it could be suppressed, not allowed, as evidence at your trial.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: rights

If you were not questioned, nothing. I suggest you call an attorney and let him or her address all of the legal issues in the case. Call me at 732/247/3340 to discuss.

Re: 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 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).

Generally, a statement given by a defendant is not admissible in a criminal case unless the court is satisfied beyond a reasonable doubt that the defendant was informed of his Miranda rights before giving the statement and "in light of all the circumstances attending the confession it was given voluntarily." State v Hampton, 61 NJ 250, 272 (1972)

To read entire article, go to http://www.njlaws.com/miranda_warning.htm