NJ Miranda Rights

Miranda Rights in New Jersey

In New Jersey, police must advise criminal suspects of their constitutional rights per the U.S. Supreme Court’s ruling in Miranda v. Arizona. This warning informs suspects of their right to remain silent and to have an attorney present during questioning.

This article provides an overview of key issues related to Miranda rights in New Jersey criminal cases. We’ll cover the origin of Miranda, the required warnings, invocation and waiver of rights, remedies for violations, and recent NJ court rulings. Understanding Miranda is essential for all defendants and their advocates.

Origin of Miranda Rights

The 1966 U.S. Supreme Court case Miranda v. Arizona established requirements for police to advise suspects of their Fifth Amendment right against self-incrimination before custodial interrogation. The Court ruled admissions could not be used if this warning was not provided.^[1]

New Jersey Police Obligation to Give Miranda Warnings

Under Miranda, New Jersey law enforcement must provide the following warnings prior to custodial interrogation^[2]:

• You have the right to remain silent
• Anything you say can be used against you in court
• You have the right to an attorney during questioning
• If you cannot afford an attorney, one will be appointed

Police must clearly explain each right and confirm the suspect understands them.

What Constitutes “Custodial Interrogation” in New Jersey

Miranda only applies when a suspect is both^[3]:

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• In custody – Formally arrested or detained to the degree of an arrest
• Under interrogation – Subject to express questioning or its functional equivalent

Voluntary statements not made in response to police questioning generally do not require Miranda warnings.

Invoking the Right to Remain Silent in New Jersey

To invoke the right to silence per Miranda, the suspect must^[4]:

• Clearly and unambiguously state they wish to remain silent
• Or simply remain silent in response to questioning

Police must then end the interrogation immediately and cannot try to change the suspect’s mind.

Waiving Miranda Rights in New Jersey

To admit a statement after Miranda warnings, prosecutors must show^[5]:

• The defendant understood their rights
• The defendant knowingly, voluntarily and intelligently waived their rights

Courts will consider the circumstances and characteristics of the defendant in evaluating waiver.

Remedies for Miranda Violations in New Jersey

If police violate Miranda in New Jersey, the remedies are^[6]:

• Statements obtained cannot be used by prosecutors in their case-in-chief
• Physical evidence derived from statements may be suppressed
• Remaining prosecution evidence may still support conviction

While damaging to the prosecution’s case, Miranda violations do not require automatic dismissal of charges.

Recent NJ Court Rulings on Miranda Rights

Recent notable Miranda cases in New Jersey include:

• State v. Sims – Stopping interrogation after invocation is required
• State v. O’Neal – Invocation must be unambiguous to require police to stop questioning
• State v. Knight – Officers cannot delay warnings until after admission

The courts continue to enforce and clarify Miranda protections for New Jersey defendants.

When to Consult an Attorney Regarding Miranda

If your rights were potentially violated, consult an attorney immediately to pursue suppression of statements and evidence. An attorney can also advise on remaining silent versus providing statements to police.

Understanding your Miranda rights is essential from the earliest stages of a criminal investigation. Exercise these important constitutional protections.

¹
https://www.oyez.org/cases/1965/759

²
https://www.njsp.org/information/pdf/miranda-rights.pdf

³
https://www.americanbar.org/groups/public_education/publications/teaching-legal-docs/teaching-miranda–teaching-crim-pro/

⁴
https://caselaw.findlaw.com/nj-supreme-court/1870419.html

⁵
https://www.judiciary.state.nj.us/attorneys/assets/criminalcharges/juryinstr.pdf

⁶
https://www.tullylegal.com/resources/articles/miranda-rights-new-jersey/
https://criminallawyerinnj.com/recent-new-jersey-appellate-division-cases-on-miranda-rights/