The Right to Remain Silent, Miranda v. Arizona

right to remain silent, miranda v. arizona, privilege against self incrimination, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerCharged with 13 counts of forgery and theft, a Trenton woman allegedly passed fake money at several businesses. Raritan Township cops nabbed the 18 year old after she allegedly used counterfeit $100 bills at a CVS Pharmacy and a Hallmark. While locked up, the police interrogated her and later filed the charges, per nj dot com. Indeed, the cops charged her the day after they interrogated her. This strongly suggests she waived the right to remain silent and confessed.

The Right to Remain Silent

One of the very few things an individual controls during an encounter with the police is whether to speak. The police do not interrogate to find out the individual’s opinion or belief about what happened. Additionally, they do not give latitude for mistakes. Furthermore, they do not tolerate lies. The right to remain silent means exactly that—silence. Upon arrest, the police must warn the individual as follows:

First, the individual has the right to remain silent.

Second, anything the individual says can be used ‎against her in a court of law.

Third, the individual ‎has the right to the presence of an ‎attorney before questioning begins.

Fourth, if the individual wants an attorney, but cannot afford ‎one, the court will appoint ‎a lawyer before any questioning.‎

Finally, the individual can exercise her rights at any time during the interrogation.‎

Before interrogating anyone deprived of freedom of action in any significant way, the cops must warn the individual about her rights. This obligation certainly applies when the individual is locked up in jail. Although the cops may suggest otherwise, these warnings are not casual. Do you think they would do it if the Supreme Court of the United States had not ordered it?1

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding the privilege against self-incrimination. Call Now—(856) 812-0321.


1 Miranda v. Arizona, 384 U.S. 436 (1966).