Most people who end up needing a criminal lawyer did not plan to say anything wrong. They walked into a station to “clear things up” and walked out with a charge. At The Law Offices of Anthony Carbone, we have spent 35 years defending people across New Jersey, and a large share of the cases we see turn on what someone told police before they ever spoke to an attorney. New Jersey law gives you stronger protection during questioning than federal law does in several ways, but those protections only help if you know how to use them.
Do you have to answer police questions in New Jersey?
No. You have a right to remain silent, and in New Jersey that right comes from the Fifth Amendment as well as state law, specifically N.J.S.A. 2A:84A-19 and New Jersey Rule of Evidence 503.
State courts have also limited how prosecutors can use your silence. In State v. Muhammad (2003), the New Jersey Supreme Court held that a defendant’s silence while in custody or under interrogation cannot be used against them at trial.
One caution: staying silent is lawful, but lying is not. Giving police a false name or false information to throw off an investigation can be charged as hindering apprehension under N.J.S.A. 2C:29-3. If you do not want to talk, say so rather than inventing an answer.
What should you say to stop a police interrogation?
Say it plainly and out loud. Two short sentences cover almost every situation:
- “I am going to remain silent.”
- “I want to speak with a lawyer.”
Once you invoke either right, New Jersey law requires officers to honor it. In State v. Hartley (1986), the state Supreme Court required police to “scrupulously honor” a request to stop questioning, and in State v. S.S. (2017) the Court held that even an ambiguous request obligates officers to stop or ask what you meant.
After that, stop talking. Many people invoke their rights and then keep explaining themselves to the detective, which can undo the protection. The same goes for searches. Politely refusing consent to search your phone, car, or home does not give police probable cause.
What do police have to tell you before questioning?
If you are in custody, police must give you Miranda warnings before questioning you. Custody means a reasonable person in your position would not feel free to leave. You do not have to be handcuffed or formally arrested.
New Jersey adds requirements federal law does not. Under State v. A.G.D. (2003) and State v. Vincenty (2019), if a complaint or arrest warrant has already been filed, officers must tell you that and what you are charged with before asking you to waive your rights. At a suppression hearing, the State must prove a valid waiver beyond a reasonable doubt, a standard set in State v. Presha (2000) that is higher than the federal one.
Court Rule 3:17 also requires police to electronically record custodial interrogations at a place of detention for many serious offenses, including homicide, robbery, and sexual assault. When that recording is missing, the jury can be told so.
Can the police lie to you during an interrogation?
To a degree, yes. Officers may say a co-defendant has already talked or that your fingerprints were found, even when that is not true. Courts look at the full circumstances to decide whether a confession was voluntary.
There are limits. In State v. Patton (2003), New Jersey’s Appellate Division threw out a confession obtained after detectives played a fake audiotape of a supposed eyewitness, holding that fabricated evidence crosses the line. Promises of leniency that a detective has no power to keep can also make a statement involuntary.
Young people get extra protection. When a juvenile under 14 is questioned, a parent or guardian generally must be present, as the Supreme Court explained in Presha.
What can The Law Offices of Anthony Carbone do if you already talked to police?
A statement is not the end of your defense. We can ask the court to hold a hearing under New Jersey Rule of Evidence 104(c), where a judge decides outside the jury’s presence whether your statement was lawfully obtained. If it was not, the statement can be kept out of trial.
To build that challenge, we request the recording and the Miranda waiver form through discovery and compare them minute by minute. We look at how long you were held, whether you asked for a lawyer, whether you were told about pending charges, and whether anything you were promised made the confession unreliable.
We do this work without judgment. Plenty of decent people say the wrong thing under pressure, and they still deserve a full defense.
What should you do if a detective wants to talk?
Be polite, say you will not answer questions without a lawyer, and then contact one before agreeing to any interview, even one described as informal. If police have already questioned you or asked you to come in, The Law Offices of Anthony Carbone offers a free, confidential consultation for people facing investigation or charges in Jersey City, Hudson County, and throughout New Jersey. Reach out through our contact page before you say anything more.