Privilege Against Self Incrimination under New Jersey Law

Last week I blogged about the Fifth Amendment, Miranda v. Arizona1, and the right to remain silent. This post will summarize how New Jersey’s privilege against self incrimination applies more broadly than federal law. Additionally, it will look at issues related to federalism.

privilege against self incrimination, right to remain silent, fifth amendment, new jersey, 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, lawyerBefore an American court will admit a confession, the State must prove the police informed the individual of her rights. Additionally, the State must prove s‎he knowingly, voluntarily, and intelligently waived her rights before she confessed. Indeed, these warnings negate perceptions related to psychological stress in police-controlled circumstances. This stress might compel a person to ‎speak where she would not have spoken otherwise. Read more

Standing—Getting Your Client His Day in Court


standingThis entry will explain New Jersey and Federal law as each relates to suppression motion standing.

First, this will set forth the general standards under state law.

Next, this will explain standing under federal law.

Finally, this will define the particular categories for standing under state law. Read more