If you get arrested in New Jersey, remember that you have the right to remain silent. Anything you say could harm your case. Do not explain, apologize, or give your side of the story. Instead, ask for a lawyer immediately and wait until they are present before you say, sign, or agree to anything.
While waiting for your lawyer to arrive, remain calm and respectful in your interactions with the authorities – and never resist or argue with them. Explicitly state your intention to remain silent until your lawyer is present. Be polite, but do not answer questions or volunteer information. Your lawyer will guide you on what to say and do next.
What Happens When I’m Arrested?
If you get arrested in New Jersey, the police will take you into custody and inform you of your rights, including the right to remain silent and the right to an attorney. They will transport you to a police station for processing, which involves taking your fingerprints, photographing you, and collecting your personal information.
Anything you say or do around the police could affect the case against you, so exercise extreme caution. Do not speak to the police or anyone else about the details of your case until you have consulted your lawyer. The authorities can use anything you say against you later, so it’s best to stay silent. Do not try to argue or negotiate with the police or prosecutors on your own.
You should also avoid posting about your arrest on social media or discussing it with friends or family. The police can monitor these conversations and use them as evidence. Your focus should be on remaining silent but respectful and contacting your lawyer as soon as possible.
What Are Miranda Rights?
Your Miranda rights are a list of the rights guaranteed to you by the U.S. Constitution, which police are required to notify you of at the time of your arrest and before questioning you. These rights include the right to remain silent and the right to an attorney. The right to remain silent means you do not have to answer any questions or provide any information the authorities could use against you. The right to an attorney means you can have a lawyer present during questioning. If you cannot afford one, the court will appoint one for you.
It is critical that you exercise these rights. Do not answer questions or make statements without your lawyer present. Even if you believe you can explain the situation, it is better to stay silent until you have legal guidance. While the police might try to get you to talk by making promises or implying that cooperation will help you, remember that anything you say to them could potentially damage your case.
What Happens If the Police Did Not Advise Me of My Rights?
If the police did not advise you of your Miranda rights during your arrest, that failure could affect the prosecution’s case against you. However, despite what popular media might imply, it does not automatically mean your case will be dismissed. Rather, your lawyer could argue that any statements you made without being informed of your rights should be inadmissible in court.
You should still be careful about what you say after your arrest, even if the police did not read you your rights. Remain silent and ask for a lawyer immediately. Do not assume that a mistake by the police will undermine the entire case against you. Always rely on your lawyer’s advice before making any decisions.
How Soon Should I Contact an Attorney After I Have Been Arrested?
You should contact an experienced defense attorney as soon as possible after an arrest. The sooner you get legal advice, the better your chances are of protecting your rights. Do not wait to see what happens or try to handle the situation on your own. The police might try to question you or get you to agree to certain things when you don’t have a lawyer to advise you of your rights and help you protect them. After your arrest, do not speak to anyone about your case until you have consulted an attorney. Your criminal defense attorney can guide you on what to say and do, limiting the prosecution’s evidence against you.
How Long Does It Take to See a Judge After Being Arrested in NJ?
How long it will take to see a judge after your arrest will depend on whether the police release you or keep you in custody. If you remain in custody, your first appearance before a judge must occur within 48 hours unless the prosecutor files a motion for pretrial detention. If the prosecutor files a motion, your first appearance will be at a pretrial detention hearing before a Superior Court judge.
Things work differently if you receive a complaint-summons. In this situation, you are not taken into custody but must appear in court on a specified date to respond to the charges. If the police release you on a complaint-summons, your first appearance must happen within 60 days of your arrest or the issuance of the complaint-summons. During this first appearance, the judge will inform you of your rights and set conditions for your release as necessary. It is important to have an attorney present at this appearance to protect your rights and guide you through the process.
What Does a Criminal Defense Lawyer Do After My Arrest?
A skilled defense lawyer can take immediate and strategic actions to protect your rights and build a strong defense by:
- Conducting a detailed investigation to uncover favorable evidence
- Reviewing the evidence against you to identify weaknesses and inconsistencies
- Challenging the legality of the arrest by examining whether police followed proper procedures
- Filing motions to suppress evidence or testimony that the police obtained illegally
- Negotiating plea deals with the prosecutor to reduce the charges or penalties you face
- Advising you on your legal options so you fully understand the implications of each decision
- Preparing you for court appearances so you know what to expect and how to present yourself
- Arguing for reduced charges or penalties based on mitigating factors or procedural errors
- Advocating for your release on bail and presenting arguments that you should not remain in custody
Contact a New Jersey Criminal Defense Lawyer
If you’ve been arrested in New Jersey, don’t face the legal system alone. Your future is too important to leave to chance. Contact the Law Office of Jason A. Volet today for a free initial consultation. We will listen to your situation, answer your questions, and discuss how we can help you.
