Every state has different criminal codes and enforces varying penalties for all types of criminal offenses, but every state must respect the Constitution when it comes to arrests. If you have been arrested in New Jersey, you may wonder, “What are my rights if I am arrested in New Jersey?” It is crucial to know and exercise these rights to have the greatest chance of reaching the most positive outcome for your situation.
What Are My Rights If I Am Arrested in New Jersey?
The US Constitution includes two very important amendments that come into play whenever an individual is arrested for any criminal offense. The Fifth Amendment preserves the right to remain silent during an arrest, meaning the arrested individual is not required to act as a witness against themselves. The Sixth Amendment ensures the right to legal representation and a speedy trial.
It is a common misconception that remaining silent makes one appear guiltier when they have done nothing wrong. The reality is that it is not the job of the police to decide guilt or innocence; they must establish probable cause to conduct an arrest and present their report to a prosecutor. This prosecutor then has the burden of proving the arrested individual is guilty beyond a reasonable doubt, meaning there can be no room for doubt as to whether they are guilty.
When you are arrested, even if you know you have not broken the law, remain silent and comply with instructions from the arresting officers. Attempting to explain your way out of the situation is fruitless, and anything you say will be included in their report and may be used against you in later proceedings. Remain silent until you can make your phone calls, and then exercise your right to legal counsel by reaching out to an attorney.
Additional Important Rights During an Arrest
In addition to these two constitutional rights, you also have the right to know why you are being detained by the police and the right to be treated humanely while in police custody. If the police arrest a person, they must provide a reason for the detainment within 24 hours. At this point, they will need to either apply for an extension to the detainment, charge you with a criminal offense, or release you.
If you experience any violation of your rights or civil liberties, or if the police violate the rules of due process, it is crucial to bring these issues to the attention of your attorney immediately. Your attorney knows how to leverage these factors for you, and it is possible for a criminal case to be completely compromised by any violation of the defendant’s rights.
Your right to legal counsel is crucial in every criminal case. The Law Offices of Robert Tsigler, PLLC, has years of experience in criminal defense and can respond quickly to your request for legal representation in the state. Remain silent during arrest, comply with the police’s instructions, and once you are able to make your phone calls, reach out to our team to learn how we can help.
FAQs
Can You Record Police?
Yes, it is legal to record police in the state as long as you inform the officer that you are recording, ensure the recording device is clearly visible, and do not interfere with the officer’s ability to perform their duties. Recording a police interaction can potentially protect your civil liberties, and the recorded footage could be invaluable to later criminal court proceedings if your rights were violated.
Can I Refuse a Search?
Yes, you have the right to refuse consent to a search in New Jersey unless the police officer has a signed search warrant or they have probable cause to believe that a search could prevent an imminent threat of harm. Note that this right to refuse consent to a search may not prevent the officer from performing a search anyway, but your documented refusal could be an important element of your defense in later proceedings.
When Should I Hire a Criminal Defense Attorney?
You should hire a criminal defense attorney as quickly as possible after arrest and booking. You have the right to legal counsel and need to exercise it as quickly as you can so your defense attorney has as much time as possible to respond to your situation. You should remain silent while in police custody until you can speak with a lawyer. Once you are permitted to make your phone calls, reach out to an experienced criminal defense attorney who can take your case.
What Is the Detainment Law?
The state’s detainment law pertains to the ability of the police to hold a person against their will to conduct a criminal investigation. Police must establish a reasonable suspicion to conduct a traffic stop or detain any individual, and they must establish probable cause to conduct an arrest. If you are detained by police, you have the right to know the reason for the detainment, and if they cannot provide one, they must allow you to leave.
What Should I Do if the Police Violate My Rights During My Arrest?
If the police violate your rights, you should notify your criminal defense attorney immediately. Exercise your right to remain silent in police custody and comply with their instructions, and if you experience any type of violation of your rights or civil liberties, your defense attorney can respond to the situation. Any violation of your rights will compromise the case against you and may lead to a case dismissal.
The Law Offices of Robert Tsigler, PLLC, has the experience and resources necessary to provide comprehensive criminal defense counsel for a wide range of cases. If you have been charged with any crime in the state, the first steps you take after arrest and booking are crucial. It’s vital to connect with a defense team you trust, so contact us today and schedule a consultation with a criminal defense attorney.
