QUESTION
does a cop have to read your rights before putting you in jail for 6 hours? No phone call either.
Asked on Apr 22nd, 2013 on Drug Crimes - New Jersey
More details to this question:
20 yrs old. in a car w/ 3 others, marijuanna possession.....let out @ 7am, back @ 830 am to face judge.....then read moranda rights...... now has to go to a pre trial conference 2 weeks later
2 ANSWERS
Waynice Green
Miranda rights must be administered before an officer interrogates you about a crime, and makes comments which are likely to invoke an incriminating response. I would need to know more about the facts of your case before I could give you an answer that is relevant to your specific situation. But if your question is simply whether an officer needs to read you Miranda rights to place you under arrest, the answer is no (though they should). A field inquiry, an investigative stop and and an interrogation are all different levels of questioning conducted by the cops, and your rights vary depending on which type of questioning occured. However, your question does not actually discuss if/ when the questioning occured. Feel free to contact my office should you have any further questions. (732) 609-3915. I wish you the best of luck.
Answered on Apr 23rd, 2013 at 4:37 PM
Criminal Defense Attorney serving Toms River, NJ
at
Edward J. Dimon
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the miranda rights are triggered by the officer questioning you concerning the crime. were you asked questions about the crime ? if you were arrested and not questioned, there is no need for the miranda rights. what is happening with the charges ? do you have a prior 'conditional discharge' "? PTI ? ed dimon, esq. 732-797-1600
Answered on Apr 23rd, 2013 at 3:22 PM