Use Your Right to Remain Silent

The right to remain silent when being questioned by the police is well founded in both the Supreme Court and the New Jersey Courts. The reason for Miranda warnings advising of the right to remain silent is to insure individuals are aware of this right before questioning by police.
Individuals questioned in regard to crimes for which they are suspects, including serious traffic violations, throughout New Jersey should invoke their right to remain silent.

Unfortunately, even after being told they have the right to remain silent, many people answer questions asked by police officers because they believe they have to based upon the custodial situation. Another issue is that the invocation of the right is sometimes dishonored by police or prosecutors when an accused seeking to invoke the right to remain silent does not use the "right" words. There are no magic words required to invoke the right to remain silent but it must be clear that an accused it invoking the right to remain silent.

Recently, in State v. Dias-Bridges, A.3d, 2012 WL 87194, N.J., the accused requested that questioning cease until he spoke with his mother but also stated he would continue to answer questions after he spoke with his mother. He failed to state that he did not wish to answer further, that he would not say anything else or that he wished to speak to his attorney and then silent after any of the prior statements.

If you are being questioned in regard to a crime in which you are a suspect you should tell the officer(s) questioning you that you wish to speak to your attorney. You may provide the police with your name, or in the case of a motor vehicle offense, your driver's license, insurance and registration. Repeat that you wish to speak to your attorney to each and every officer who attempts to speak with you thereafter. Remember that anything you say can and will be used against you in a court of law. This means that what appears to be a friendly conversation with an officer offering you the chance to "help yourself" will later be used against you by the police and prosecution. Call your attorney at the first opportunity.

For more information on criminal charges in New Jersey visit HeatherDarlingLawyer.com.

NJ Still Waiting for Medical Marijuana

New Jersey's medical marijuana program remains in its infancy state. Officials have taken major steps to get six treatment centers serving thousands of patients up and running but a major hurdle is coming from the refusal on the part of individual towns, through their zoning boards and councils, which continue to refuse to permit medical marijuana distribution facilities. Most recently, the township of Plumstead's council voted to exclude and distribution facility absent certainty that federal law would not be violated.

Although New Jersey has established a program for six approved growers little headway has been made since the law passed nearly two-years ago. For patients in need of medical marijuana this situation is largely frustrating, leading some to self-medicate in the interim. Unfortunately there are legal consequences to the decision to self-medicate in spite of the states obvious recognition of the need for medical marijuana.

Drug charges can vary in penalties, depending on the severity of the offense. Whether you are facing possession charges or are being investigated for distribution or trafficking, you need aggressive defense to protect your rights throughout the process. For more information on drug charges in NJ visit HeatherDarlingLawyer.com or call us at 973-584-6200 to obtain representation against NJ drug charges.

NJ DUI- Field Sobriety Tests

Recently, in New Jersey, the Appellate Court upheld the decision in State v. Bernoketis whereby probable cause is not required in order to administer field sobriety tests. Reasonable, articulable suspicion, the same requirement for an investigatory stop of any individual, is all that is required in order for a police officer to administer field sobriety tests to an individual stopped for a routine traffic violation.

What this decision means to drivers is being pulled over for anything, even a seat belt violation, who appears to "seems to be" under the influence to the officer can be required to exit their vehicles and perform field sobriety tests. Reasonable, articulable suspicion is up to the discretion of the officer first, then the Judge if a DWI summons is issued following the field sobriety tests. Of course there will also be an Alcotest administered, barring refusal by the driver, which may be used by the prosecution or the defense depending on the result.

The consequences for a DWI in New Jersey are significant and a DWI defense should not be faced alone. It is your right to have counsel to represent you in a DWI.

For more information on NJ DUI law, or to obtain representation in a NJ DUI, please visit HeatherDarlingLawyer.com or contact us at 973-584-6200.