NJ MIRANDA ISSUES IN NEW JERSEY DUI CASES
Defending Against DWI Charges in New Jersey: Understanding Miranda Rights and the Admissibility of Evidence
When facing charges of driving while intoxicated (DWI), driving under the influence (DUI), or refusal to submit a breath test in New Jersey, it is crucial to have a strong defense strategy. At the Law Offices of Todd Spodek, our team of experienced DWI lawyers includes former prosecutors who can help you navigate the complex legal system and fight for your rights.
One important aspect of DWI cases is Miranda rights. You may wonder how police were able to arrest you without reading your Miranda rights, but it’s essential to know that law enforcement officers are only required to read these rights during custodial interrogation in New Jersey. If questioning is not interrogating or custodial, police can obtain voluntary statements from you without providing Miranda warnings.
However, if they have taken you into custody and failed to inform you of your Miranda rights before conducting any questioning or obtaining any statement, that evidence should be prevented from being used against you in court. Our experienced lawyers can analyze the specifics of such a case and use effective legal defenses based on violations of Miranda Rights.
The question about how police are authorized to obtain breath samples from suspects charged with DWI, DUI or Refusal arises often among clients seeking our counsel. As per the ruling by the supreme court in Stever (107 N.J. 543 (1987)), submitting a breath sample as part of an investigation into DWI cases isn’t deemed as secret information and hence there’s no need for an attorney conference prior to trial proceedings regarding this matter.
Our team at The Law Offices Of Jonathan F Marshall has knowledgeable lawyers who understand this issue along with other constitutional nuances surrounding American criminal law litigation. We will defend you fiercely against any alleged wrongdoing by law enforcement officials and work tirelessly towards having any evidence produced beyond that discovered through legally conducted reviewing processes nullified.
In summary, if you face a situation where you are unsure if your custodial rights were violated or the police obtained evidence in an unconstitutional manner, we can help. The Law Offices of Todd Spodek can provide you with an experienced DWI defense team to review your case, prepare legal defenses and provide free initial consultations for our potential clients.
Miranda Rights and Admissibility of Evidence in NJ DWI cases
Table 1 below explains the conditions under which Miranda rights should be read, as well as the admissibility of certain types of evidence in New Jersey’s courts:
| Scenario | Miranda Rights | Admissibility Of Evidence |
| ———————————————————- | ————– | ———————————————————————- |
| Custodial interrogation | Yes | Excludes evidence obtained through custodial questioning without |
| | | Miranda |
| Non-interrogating questioning | No | Allows use of voluntary statements made by suspects |
| Custodial questioning where Miranda is not given | Yes | Prevents evidence obtained after questioning from being admissible in |
Table 1: Miranda Rights and Admissibility of Evidence
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS