Most people can recite the Miranda warning from television, but far fewer know when it actually applies, or that New Jersey protects suspects more than federal law does. Those details often decide whether a statement made in a police station can be used at trial. At The Law Offices of Anthony Carbone, we have seen cases turn on a single question asked before the warnings were given, or on a detective who kept talking after someone asked for a lawyer. Here is what you need to know.
What are Miranda rights?
Miranda rights are the warnings police must give before questioning someone in custody. You have the right to remain silent, anything you say can be used against you in court, you have the right to an attorney, and if you cannot afford one, one will be appointed. They come from the U.S. Supreme Court’s 1966 decision in Miranda v. Arizona.
In New Jersey, the privilege against self-incrimination also has its own state basis, in N.J.S.A. 2A:84A-19 and New Jersey Rule of Evidence 503. New Jersey courts have used that independent footing to build protections that go beyond the federal minimum.
When do police in New Jersey have to read you your Miranda rights?
Police must give Miranda warnings only when two conditions are met at the same time: you are in custody, and you are being interrogated. Custody means a reasonable person in your position would not feel free to leave. Interrogation means expressing questioning, or words and actions that police should know are likely to draw out an incriminating response.
That is why an arrest alone does not trigger the warnings, and why many people are surprised when their statements are used against them. Remarks you volunteer without being questioned can be used against you. Ordinary questions during a traffic stop usually do not count as custody either, so your answers at the roadside generally can be used.
How does New Jersey protect suspects more than federal law?
New Jersey courts have added several protections that federal courts do not require.
The State carries a higher burden. Under State v. Presha (2000), prosecutors must prove beyond a reasonable doubt that you knowingly, voluntarily, and intelligently waived your rights. Federal courts require only a preponderance of the evidence.
Police must also tell you certain facts before questioning. Under State v. A.G.D. (2003) and State v. Vincenty (2019), officers must tell you if a criminal complaint or arrest warrant has been issued and what the charges are. Under State v. Reed (1993), they must tell you if a lawyer is at the station asking to see you.
The questioning itself is recorded. Court Rule 3:17 generally requires electronic recording of custodial interrogations at a place of detention for many serious crimes, so the court can see exactly what was said.
Do Miranda rights work differently for juveniles in New Jersey?
Yes. In State v. Presha, the New Jersey Supreme Court held that police should make every effort to have a parent or legal guardian present when questioning a juvenile. For a child under 14, a confession is generally inadmissible if no parent or guardian was present, unless one was truly unavailable.
How do you invoke your Miranda rights?
Say it out loud and plainly: “I am going to remain silent, and I want a lawyer.” Then stop talking. Staying quiet without saying anything is not always enough, and federal courts require a clear request. New Jersey courts are more protective. When a suspect’s words are ambiguous, such as “maybe I should get a lawyer,” officers must stop and ask what the person means before going on. You can invoke your rights at any point, even after questioning has started.
What happens if the police didn’t read you your Miranda rights?
The case does not get thrown out automatically. The remedy is suppression: your defense lawyer files a motion, the judge holds a hearing, and if the warnings were required but not properly given or honored, the prosecution cannot use your statement to prove guilt.
Whether the rest of the case survives depends on what other evidence the State has. When the case rests heavily on a confession, suppressing it can lead to a dismissal or a much better plea offer.
How can The Law Offices of Anthony Carbone help if you already talked to police?
Many people call us after they have already given a statement, and that is not the end of the story. We request the interrogation recording, compare it against New Jersey’s Miranda requirements, and challenge any statement that was obtained improperly.
Your right to stay silent and your right to a lawyer exist for exactly the moment you are sitting across from a detective. If you have been questioned or charged anywhere in New Jersey, contact The Law Offices of Anthony Carbone for a confidential consultation.