Being questioned by the police can be a very unnerving experience. For one thing, the police are typically better educated regarding legal processes than most of the people they interview. And in some cases, they may not be completely forthcoming regarding the reason they are talking to someone. But should you ever be questioned, remember that you have what are known as “Miranda rights.”
Your Miranda rights consist of, among other things, the right to maintain silence when being questioned and the right to have legal counsel for your defense. But be aware that should you choose to speak to the authorities and give them any self-incriminating information after you receive a Miranda warning, that information can be used in a court of law against you.
If you are arrested, the police are required to inform you of your Miranda rights. If they do not, then anything you tell them, even that which is self-incriminating, cannot be used to prosecute you in a criminal trial. Further, if you were to give statements that led to the discovery of incriminating evidence, then in all likelihood that evidence would also be inadmissible.
All of this means a couple of very important things. First, when you are questioned by the police, it can be helpful to have an attorney present to advise you on how to handle the situation. Second, carefully note if and when the police told you of your Miranda rights. If they fail to do so, inform your legal counsel about this omission.
Prior to being questioned by the police, you may want to have a New Jersey criminal defense attorney present to represent your interests. The attorney can advise you on which legal options may offer you your best possible outcome.