• Most people hear Miranda rights from television and movies or read the law where the Miranda rights are, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you’re not able to afford an attorney, one will be afforded to you.”
  • All police are instructed in the academy to read every criminal defendant their rights, but they don’t.
  • If a defendant gives a statement implicating themselves or saying they committed the crime after not receiving their Miranda rights, the State may no longer have a case to proceed against that defendant because they were not read their Miranda rights; however this is not a determining factor in the case, it only relates to the statement, nothing else surrounding their arrest.
  • After being charged with a crime, if you feel you were not treated properly or not read your Miranda rights, contact an experienced criminal defense attorney.

I believe everyone knows what their Miranda rights are, whether it is from reading the law or more appropriately from seeing it on television or in the movies. They’ve heard a police officer say to an individual being arrested, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you’re not able to afford an attorney, one will be afforded to you.” Those are commonly referred to as your Miranda rights. Oftentimes, although police are instructed in the academy and should read every criminal defendant their Miranda rights, they don’t.

There are obviously sets of circumstances where a criminal not being read their Miranda rights are very, very important and can actually influence or determine the outcome of a criminal defendant’s case. If the defendant gave a statement implicating themselves or saying they committed the crime after not receiving their Miranda rights, the state may no longer have a case to proceed against that defendant because they were not read their Miranda rights. However, in most other circumstances, the fact that a defendant was not read his Miranda rights or an individual being arrested was not read his Miranda rights is not a determining factor in a criminal case. It only relates to a criminal defendant’s statement, nothing else surrounding their arrest.

While the police are not conducting a proper procedure by not reading your Miranda rights, it may or may not be of importance in your particular case. After you’ve been charged with any criminal offense in New Jersey and you feel you were not treated properly or you were not read your Miranda rights by the police in question, you should contact an experienced New Jersey criminal defense attorney to discuss the facts of your case. The fact that the police did not read you your Miranda rights may be important in your particular circumstance.

Keith Hirschorn, P.C., is an experienced criminal defense attorney working throughout the state of New Jersey. If you have any questions regarding the merits, facts or circumstances of your case, call the law office, located in Hoboken, to set up a free initial consultation.