Legal Question in Criminal Law in New Jersey

Statement

If a detective states that a defendant made a voluntary statement on his report, and this ''statement'' was not made, there's no video or audio of this statement. Is that a violation of constitutional rights? In NJ what's the procedure of taking defendant statements? Is there supposed to be physical evidence of this? Miranda Rights sheet was sign because after this I was told I'd be free to leave, then I was asked if a recording could be made, when I said NO they sent me home 10 mins later. The statement was used on the indicment and yet there's no prove of this cause was never made. Thanks


Asked on 10/06/08, 3:55 pm

3 Answers from Attorneys
Michael Berman Law Offices of Michael A. Berman

Re: Statement

Ok, this is a bit of a problem....

Do you have an attorney representing you yet? Are you planning on using the public defender? If the answer to either question is YES, then you'll need to speak with them to get advice.

If you want to hire a private attorney to file Motions on your behalf, it is always best to make an office appointment to discuss these matters under the cloak of attorney-client priviledge. You have to be very careful what you say online: any voluntary statement that can be attributed to you can be used against you.

I have 15+ years experience in the New Jersey Courts defending individuals in similar situations, and I think my fees for services are very reasonable. Feel free to contact me to set up a time to talk.

Mike

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Answered on 10/06/08, 4:02 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Statement

I agree with Mr. Berman. Leave the law to the lawyers. That's what we get paid for. Think about it this way, do you honestly think that if your lawyer doesn't understand Miranda issues that he or she will listen to something you got off of the Internet?

You also have to keep in mind that Judges are human and you may still lose even if you should win. Quite often it is not what you say, but how is saying it and how.

Bottom line is, get a good attorney. Do whatever you have to do to hire one.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case further.

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Answered on 10/06/08, 4:09 pm
Gary Moore Gary Moore Attorney At Law

Re: Statement

A verbal statement by a defendant can be used against him, assuming that his consititutional rights were not violated in taking the statement.

If you want to know if the State will claim that you gave a verbal statement you will have to seek what is known as

"discovery" from the prosecutor, through your attorney.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/06/08, 4:25 pm


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